March 2018 Gazette

On Raglan Road Men at work Trust in me The story of poet Patrick Reduced awards for GDPR implications for Kavanagh’s libel action pain and suffering and pension fund trustees Bill against The Leader in 1954 economic-loss evidence and scheme providers

gaLAW SOCIETY ette€4.00 MARCH 2018

WINNER GOT THE BENDS? Lis pendens and defaulting borrowers gaLAW SOCIETY ette

IMPORTANT NOTICE FOR ONLINE READERS In order to enhance your enjoyment of the online, interactive version of the Gazette, readers are strongly advised to download the magazine first to their computer or device.

Prior to downloading the Gazette, make sure that you are using the most up-to-date versions of your favourite browser, for example, Internet Explorer, Safari, Firefox or Chrome.

IMPORTANT NOTE ON PAGE VIEW If you are reading the downloaded PDF in two-page view, ensure that you uncheck the ‘Show cover in two page view’ option. This can be found in the ‘Page display’ option under the ‘View’ tab. You should be seeing this page right beside the cover in the correct two-page view. Here to help at every stage of your clients’ transaction.

INTRODUCING OUR MULTI-DISCIPLINARY TRANSACTION ADVISORY SERVICES RSM are the 8th largest firm in Ireland specialising in providing We frequently work jointly with colleagues in the 120 RSM audit, tax, consulting services and transaction advice. offices around the world to provide our clients with global solutions. Our multi-disciplinary transaction advisory services unit brings together our existing expertise in the areas of M&A, Our transaction advisory services due diligence, valuations, fundraising, as well as our expertise in restructuring and formal insolvency. • M&A • Due diligence Our team has an established track record of working with • Valuations solicitors to add value and provide solutions to their clients in successful transactions. • Fundraising • Corporate advice Our strength lies in our ability to draw on a group of experts both within transaction advisory and across the wider firm • Property solutions including taxation, IT, HR and consulting to form • Restructuring and formal insolvency multi-disciplinary teams to provide best in class solutions. Contact any member of our team

George Maloney Brian Hyland Julian Caplin Aidan Byrne [email protected] [email protected] [email protected] [email protected]

Emma Cadden Paddy O’Connell Tom Robinson Paddy Stapleton [email protected] [email protected] [email protected] [email protected]

Trinity House, Charleston Road, Ranelagh, Dublin 6 T: +353 (0) 1 4965388 www.rsmireland.ie

RSM Ireland Business Advisory Limited is a member of the RSM network and trades as RSM Ireland. RSM is the trading name used by the members of the RSM network. Each member of the RSM network is an independent accounting and consulting firm which practices in its own right. The RSM network is not itself a separate legal entity in any jurisdiction. The RSM network is an administered by RSM International Limited, a company registered in England and Wales (company number 4040598) whose registered office is at 50 Cannon Street, London EC4N 6JJ, United Kingdom. The brand and trademark RSM and other intellectual property rights used by members if the network are owned by RSM International Association, an association governed by article 60 et seq of the Civil Code of Switzerland and whose seat is in Zug © RSM International Association, 2018 Law Society Gazette | gazette.ie PRESIDENT'S MESSAGE March 2018 1

POSITIVE STEPS

t’s hard to believe that just one month pursuit of this matter. A considerable number has passed since my last message in the of plaintiffs will now benefit, while their Gazette. I have now started, with the solicitors will be properly paid for services director general, our visits to the bar already rendered to their clients. The associations throughout the country, and Government has not yet published the full it is my earnest wish to visit most, if not details of the scheme. We look forward to these all, during my term in office. This is a part of my being revealed as a matter of urgency. role as president that I really enjoy. ISince my last message, members of the Council New courts of the Law Society have received the report The Courts Service and the Office of of Professor Paul Maharg and Professor Jane Public Works have now completed their Ching. This is an independent review of solicitor redevelopment of Wexford and Letterkenny education in Ireland by internationally renowned courthouses as part of a €140-million experts. They commenced it last year, at the public/private partnership that is delivering request of the Society. In addition, the Council seven courthouses across the country. This has now appointed a review group, chaired by investment in our court buildings has to Mr Justice Michael Peart, which will examine the be recognised as a positive step, and we study in depth and report with recommendations congratulate the Courts Service on these to the Council. All this must be completed in necessary improvements. Like all State bodies, advance of the June Council meeting. the Courts Service suffered from severe cuts One of the obligations of the Legal Services to its finances during the recession. Slowly, Regulatory Authority (LSRA), under section 34 (1) of the Legal Services Regulation Act, is to submit to Government a review of solicitors’ education within two years of the commencement of the act. The LSRA is THE GOVERNMENT HAS NOT YET bedevilled with delays in recruiting staff – no doubt equally frustrating for the authority as PUBLISHED THE FULL DETAILS OF it is for the Law Society – but I completely THE SCHEME. WE LOOK FORWARD accept the authority’s view that it must be set up correctly, properly staffed and resourced, before TO THESE BEING REVEALED AS A its key powers and obligations are commenced. MATTER OF URGENCY

Good news on Setanta While the Setanta decision in the Supreme Court in May 2017 was, unfortunately, not in favour of the Law Society’s challenge, the Government has however, and in ingenious ways, it is improving now stepped into the breach. This intervention our court buildings for the public and the is very welcome in the public interest. It was for practitioners of today and tomorrow. (See page the public interest that the Society, invited to do 13 of this Gazette for an update on the family so by the President of the High Court, challenged courts complex in Dublin.) as a matter of law the stance taken by the Motor The first parchment ceremonies of 2018 Insurance Bureau of Ireland. have already been held. I’m delighted to say Great credit for this welcome Government that the number of new entrants is increasing. intervention must be given to immediate past- I wish every one of our new solicitor colleagues MICHAEL QUINLAN, president Stuart Gilhooly for his relentless many long and happy years in the profession. PRESIDENT 2 March 2018 CONTENTS Law Society Gazette | gazette.ie

gaLAW SOCIETY ette COVER: PHOTOCALL LAW SOCIETY GAZETTE • Vol 112 No 2 On Raglan Road Men at work Trust in me Volume 112, The story of poet Patrick Reduced awards for GDPR implications for Kavanagh’s libel action pain and suffering and pension fund trustees Bill against The Leader in 1954 economic-loss evidence and scheme providers number 2

LAW SOCIETY €4.00 MARCH 2018 ga ette 48 40 MARCH 2018

Subscriptions: €65 (€95 overseas) Blackhall Place, Dublin 7 WINNER GOT THE

Law Society of Ireland tel: 01 672 4828 BENDS? fax: 01 672 4801 Lis pendens and defaulting borrowers email: [email protected]

PROFESSIONAL NOTICES: see the ‘Rates’ panel in the professional notices section of this Gazette COMMERCIAL ADVERTISING: contact Seán Ó hOisín, 10 Arran Road, Dublin 9; mobile: 086 811 7116, tel: 01 834 6891, email: sean@ lawsociety.ie. See the Gazette rate card online at www.lawsociety.ie/ gazette-rates HAVE YOU MOVED? Members of the profession should send change- of-address details to: IT Section, Blackhall Place, Dublin 7, or to: [email protected]

Editor: Mark McDermott FIIC 24 Deputy editor: Dr Garrett O’Boyle Art director: Nuala Redmond Editorial secretary: Catherine Kearney Printing: Turner’s Printing Company Ltd, Longford

Editorial board: Michael Kealey (chairman), Mark McDermott (secretary), Patrick Ambrose, Aoife Byrne, Ken Casey, Mairéad Cashman, Tracy Cruikshank, Hilary Forde, Richard Hammond, Teri Kelly, Patrick J McGonagle, Aisling Meehan, Heather Murphy, Ken Murphy, Andrew Sheridan

No material from the Gazette may be published or used without the permission of the copyright holder. 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 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.

FSC and PEFC independently certified wood and paper products used by the Law Society Gazette are sourced from sustainable, ecologically managed forests. Visit www.fsc.org and www.pefc.org

The Law Society Gazette is a full participating member of the Press Council of Ireland and sup- ports the Office of the Press Ombudsman. This scheme, in addition to defending the freedom of the press, offers readers a quick, fair and free method of dealing with complaints about Gazette articles. To contact the Office of the Press Ombudsman, visit: www.pressombudsman.ie or 52 www.presscouncil.ie. Law Society Gazette | gazette.ie CONTENTS March 2018 3

34 62 7

FEATURES

36 A case of the bends The registration of a lis pendens is increasingly being used by lay litigants/defaulting borrowers to frustrate the sale of charged property. Pamela Fitzpatrick comes up for air

40 Trust issues The GDPR has significant implications for those who handle personal data, including employers, trustees and pension 48 Body language scheme service providers. Jane McKeever and Deirdre Kilroy Reduced awards for pain and suffering are inevitable. focus on the increased obligations of pension scheme trustees The only questions are by how much, and when? David Mulligan looks at gathering economic-loss evidence

44 Sword of Damocles Section 99 of the Criminal Justice Act 2006 put the 52 Who framed Patrick Kavanagh? suspended sentence on a statutory footing for the first time. In 1954, poet Patrick Kavanagh took a libel action Tom Conlon analyses relevant legislation and case law, and against a magazine. Caroline Fanning tills the stony its development and problems grey soil

REGULARS

4 The big picture 34 Comment Standout photo of the month Viewpoint: Is the Family Home Protection Act fit for purpose?

6 People 56 Book reviews News 58 Briefing 11 58 Council report: 26 January 2018 59 Practice notes 22 Analysis 22 News in depth: Practising solicitor numbers by 61 Regulation county and gender in the 26 counties 62 Eurlegal: News from the EU and 24 News in depth: Report on the Four Jurisdictions’ International Affairs Committee Family Law Conference 28 News in depth: A look at the practical implications 67 Professional notices of the new Mediation Act 30 News in depth: Litigation in the data age – 72 Final verdict is Ireland a GDPR battleground? 4 March 2018 IN FOCUS Law Society Gazette | gazette.ie

THE BIG PICTURE Law Society Gazette | gazette.ie IN FOCUS March 2018 5 PIC: EPA-EFE/MOHAMMED BADRA

ROAD TO DAMASCUS A body of a child, identified as Mohmoud al-Hanash, lies in a Syrian morgue on 1 February 2018 after he, his sister and another child were killed during shelling on rebel-held civilian areas in Douma, eastern Ghouta. On 19 and 20 February, heavy bombing by forces loyal to the Syrian government killed 250 civilians in the same area 6 March 2018 PEOPLE Law Society Gazette | gazette.ie

FOUR JURISDICTIONS GALA DINNER

At the Four Jurisdictions Family Law Conference gala dinner in Dublin on 27 Barristers Deirdre Kennedy, Angela Collins, Ferga McGloughlin and Frank January 2018 were Ken Murphy (director general, Law Society), Clare Feddis Shields (chair, Family Lawyers’ Association) and Chief Justice Frank Clarke

Rachel Baldwin BL (Family Lawyers’ Association), Keith Walsh (speaker) and Ruth Croman, Lady Wise, Ruth Innes, Kirsty Malcolm and Jennifer Gallagher Paula Duffy (solicitor)

Damien McMahon, Ann McMahon, Lady Hale and Julian Farrand Sheriff Alasdair McFadyen, Lesley Anderson, Patricia McCartney and Sheriff Tom McCartney Law Society Gazette | gazette.ie PEOPLE March 2018 7

BUILDING POWERFUL COMMITTEES ALLPICS: CIAN REDMOND

Peter Byrne and Phillip Matthews

At the Striking Out – Building Powerful Committees seminar on 6 February were: Cormac Ó Culáin, Antoinette Moriarty, Sean Rainbird and Mary Keane

Louise Carpendale, Geraldine Kelly and Carol Ann Casey

Christopher Callan, Brendan Twomey, John Elliot and Eugene O’Sullivan

Catherine Lyons and Aoife Byrne

Joan O’Mahony, Martina Ward-Clancy and Michael Colm Costello, Gerry Carroll, Michelle Ní Longáin and Seán Rainbird Quinlan 8 March 2018 PEOPLE Law Society Gazette | gazette.ie Does your client have a claim eligible for ASR Hip ADR?

The ADR Process gives claimants a neutral non-binding evaluation of eligible claims

How it works

• Claimants in the ADR Process do not have to • Evaluators are senior counsel or retired prove liability; only causation and quantum are Superior Court judges relevant • A €25,000 payment in respect of the claimant’s • There is no fee to submit a claim to the ADR legal costs, outlay and VAT will be paid within Process 28 days of settlement of claims within the ADR Process. This is without prejudice to a claimant’s • If necessary, McCann FitzGerald will collect right in the circumstances of a case to seek the claimant’s medical records where written higher costs and outlay through negotiation or authorisation has been provided taxation

Eligible claims

Claimants may avail of the ADR Process if:

• Proceedings have issued • Injuries Board authorisation has been obtained

• The index surgery of the ASR product took place • The claim is not statute barred in Ireland • Revision surgery was not exclusively due to • Revision surgery took place in Ireland not earlier dislocation; trauma; infection; fracture of the than 180 days and not later than 10 years after the femoral head; or any issue related to the femoral index surgery stem

For further information, or to discuss settlement of any eligible claim, please contact McCann FitzGerald (DFH/RJB) on 01 829 0000 or email [email protected] Law Society Gazette | gazette.ie PEOPLE March 2018 9

Does your client have LLM ADVANCED LEGAL PRACTICE a claim eligible for ASR Hip ADR?

The ADR Process gives claimants a neutral non-binding evaluation of eligible claims

How it works

To apply, submit a completed Form B to McCann FitzGerald solicitors. Form Bs are available from McCann FitzGerald and from www.hipadr.ie. On receipt of Form B McCann FitzGerald may ask for additional information or documents, such as necessary medical records or details of any special damages claimed. If the claimant’s The first conferees from the LLM Advanced Legal Practice masters programme attended a reception at Blackhall Place on 1 February 2018, including: (front, l to r): case is eligible, Form B will be endorsed and returned to the claimant’s solicitor. Both parties prepare written Orlaith Traynor, Karen Sutton, Jan Cookson (programme leaders, Northumbria University), Lucy Winskell OBE DL (pro vice-chancellor, Northumbria University), submissions which are submitted to an independent Evaluator who issues a written evaluation stating the amount Ailish Moran, Ann Fox, Orla Cleary and David Christie; (back, l to r): Gemma Davies (director of international development, Northumbria University), Dr Freda of any damages assessed. The parties have 45 days to accept or reject the evaluation. Grealy (head, Diploma Centre), Michael Quinlan (president, Law Society), Judge Keenan Johnson, Colm Roberts, Brendan Twomey (chair, Education Committee), Mr Justice Peter Kelly (High Court), Geraldine Hynes (legal consultant), Rory O’Boyle (programme coordinator, Ireland), TP Kennedy (director of education, Law Society) and Dr Geoffrey Shannon (Law Society) • Claimants in the ADR Process do not have to • Evaluators are senior counsel or retired prove liability; only causation and quantum are Superior Court judges relevant • A €25,000 payment in respect of the claimant’s SOLICITORS OF THE FUTURE

• There is no fee to submit a claim to the ADR legal costs, outlay and VAT will be paid within PIC: CIAN REDMOND Process 28 days of settlement of claims within the ADR Process. This is without prejudice to a claimant’s • If necessary, McCann FitzGerald will collect right in the circumstances of a case to seek the claimant’s medical records where written higher costs and outlay through negotiation or authorisation has been provided taxation

Eligible claims

Claimants may avail of the ADR Process if:

• Proceedings have issued • Injuries Board authorisation has been obtained

Forty transition year students from across the country took part in the ‘Solicitors of the Future’ programme, run by Law Society staff, expert practitioners and trainee solicitors at Blackhall Place from 5-9 February. The work-experience programme is designed to build awareness of legal processes, constitutional principles and For further information, or to discuss settlement of any eligible claim, the values that underpin the rule of law in Ireland. The secondary school pupils learned about the daily working life of a solicitor, and visited the Criminal Courts of please contact McCann FitzGerald (DFH/RJB) on 01 829 0000 or email Justice, took a tour of a large commercial law firm, engaged in a careers seminar – and, the highlight for many, had a mock trial [email protected] The Mediation Act 2017 came into operation on the 1st of January 2018. Under the new Act all solicitors must advise their clients in a dispute of the advantages of mediation and how to access a mediator prior to issuing proceedings. This applies to all Court jurisdictions. For commercial disputes with a value less than €75,000, mediation may be considered uneconomical and cumbersome. However, that depends on: the mediators fees, the cost of venue hire and the speed of appointment. Leman Dispute Resolution offers your client the following mediation solution:

CEDR QUALIFIED & AVAILABILITY IN NO APPOINTING BODY EXPERIENCED MEDIATORS 48 HOURS’ NOTICE OR APPOINTMENT FEES

NO VENUE MEDIATORS FEE FROM TELEPHONE & HIRE COST €500 + VAT PER PARTY* E-MEDIATION

*Exclusive to disputing parties agreeing in writing to appoint a Leman Dispute Resolution CEDR accredited mediator, on a half day (4 hour) mediation basis taking place at Leman Dispute Resolution venue. Commercial disputes only.

PLEASE CONTACT LEMAN DISPUTE RESOLUTION - TEL: 01 669 7079

Leman Dispute Resolution Full Page Advert Gazette.indd 1 15/02/2018 16:55 Law Society Gazette | gazette.ie NEWS | BRIEFS March 2018 11

EU LAW APPLIES TO ADEQUACY OF DAMAGES IN HOGAN RULING A Court of Appeal judgment on matic suspension of the contract a case taken by Word Perfect award, pending the outcome of Translation Services has found the challenge. In January, the that public procurement policy High Court granted the minis- in Ireland falls under EU law in ter the order he sought. This led respect of damages. to the case being brought to the Word Perfect supplies special- Court of Appeal. ist translation services to a range Mr Justice Hogan has now of State bodies and had challenged overturned the High Court rul- the award of the contract to ing that damages would be an another company, Translation.ie, adequate remedy. The firm at by the Minister for Public the centre of the case can now Expenditure, on the grounds that proceed with its case, with the The Mediation Act 2017 came into operation on the 1st of January 2018. Under the new Act it was unlawful and ultra vires. suspension still in place, and the all solicitors must advise their clients in a dispute of the advantages of mediation and how The appeal arose out of a High interpretation contract cannot be to access a mediator prior to issuing proceedings. This applies to all Court jurisdictions. Court application to lift the auto- Mr Justice Hogan awarded elsewhere. For commercial disputes with a value less than €75,000, mediation may be considered uneconomical and cumbersome. However, that depends on: the mediators fees, the cost of venue hire and the speed of appointment. NEVER GAMBLE CLIENT FUNDS, NOTICE OF Leman Dispute Resolution offers your client the following mediation solution: HIGH COURT PRESIDENT WARNS SBA AGM th The temptation to embezzle cli- Court, he not only had the duty The 154 annual general meet- ent funds is never more than the of admitting solicitors to the ing of the Solicitors’ Benevolent click of a mouse away, President Roll, but also at times, to sus- Association will take place at the of the High Court Peter Kelly pend or strike them off – a duty Law Society, Blackhall Place, told newly qualified solicitors that extended to medical, nurs- Dublin 7, on Monday 9 April at their parchment ceremony at ing, veterinary, pharmacy and 2018 at 12.30pm, to consider Blackhall Place on 21 February. teaching professionals, as well the annual report and accounts “Gambling addiction is a real as social workers and radiogra- for the year ended 30 November problem that I see on a regular phers. 2017, elect directors, and deal CEDR QUALIFIED & AVAILABILITY IN NO APPOINTING BODY basis,” he said. “It is the most unpleasant with other matters appropriate EXPERIENCED MEDIATORS 48 HOURS’ NOTICE OR APPOINTMENT FEES “For a solicitor who has task that I have to carry out on to a general meeting. control of clients’ money, the the bench,” he said. “Recently, temptation is ever present,” he I had to strike off a pharmacist warned. Trust was the corner- who had effectively embezzled SIDE stone of the solicitors’ profes- be besmirched, he stated. hundreds of thousands of euros sion, and that trust should never As President of the High of his employer’s money.” ENTRANCE IN USE FOR WOODCOCK CENTENARY COURT NO VENUE MEDIATORS FEE FROM TELEPHONE & Woodcock Solicitors celebrates the business in 1968. and 2007 respectively. In their HIRE COST €500 + VAT PER PARTY* E-MEDIATION Sittings at Tullamore Courthouse its centenary this year. Estab- Throughout this period, the hands, the practice has taken on will be disrupted as the roof lished in 1918 by Albert Wood- firm specialised in property law a more commercial focus, with gets repaired this spring. Prac- *Exclusive to disputing parties agreeing in writing to appoint a Leman Dispute Resolution cock, the firm then operated and probate, with some litiga- an emphasis on corporat titioners have been notified that CEDR accredited mediator, on a half day (4 hour) mediation basis taking place from Molesworth Street, Dublin tion, and practised as Woodcock e transactions, while continu- the works will run until Friday 13 at Leman Dispute Resolution venue. Commercial disputes only. 2. Albert was followed into the and Sons. ing to service clients’ property, April (nothing to worry about, business by his son Henry in Brian Woodcock, who still probate and litigation needs. then). A temporary side corridor 1928, whose younger brother works at the firm, was joined The firm is now based at will accommodate access to the Thomas was called to the Bar in by his sons Peter and John at Clanwilliam Terrace, Grand building for the duration, and PLEASE CONTACT LEMAN DISPUTE RESOLUTION - TEL: 01 669 7079 1936. Henry’s son Brian joined Molesworth Street, in 1996 Canal Quay, Dublin 2. some noise is expected.

Leman Dispute Resolution Full Page Advert Gazette.indd 1 15/02/2018 16:55 12 March 2018 NEWS Law Society Gazette | gazette.ie

THE POWER IS IN YOUR HANDS ALL PICS: CIAN REDMOND Philip Matthews, who was part Law Society deputy director of the legendary Triple Crown- general Mary Keane, who is also winning side of 1985, delivered a vice-chair of the board of the training session on strategic lead- National Gallery, interviewed ership to Law Society committee Seán Rainbird, director of the members on 6 February. National Gallery, on the topic of Matthews, who captained the the €30 million master develop- Irish rugby team on 17 occasions, ment plan for the gallery, how it is now president of the National was implemented, dealing with College of Ireland. The back-row deadlines and maximising the use powerhouse offered some com- of resources, managing public pelling insights to Law Society frustration and disappointment committee members at a Blackhall during stages of the project, as Place seminar titled, ‘Striking out well as successful project delivery – building powerful committees’. Ex-Ireland rugby captain Philip Matthews spoke on the topic of strategic in public-facing organisations. The upskilling session was part leadership Psychotherapist and head of of free training offered to Law the Law School’s counselling ser- Society committee members in vice Antoinette Moriarty talked how to maximise their effective- about how to thrive in the legal ness in carrying out their roles. profession, while maintaining The seminar heard that the healthy boundaries. She spoke legal profession tended to produce about how, in order to thrive, strong personalities who brought we must grow, create and con- a competitive win-or-lose mental- nect with others. It was crucial ity to meetings. This was essential to “find your tribe” in this world, when lawyers were being paid for she said, because to flourish as their advice, since success involved humans, we needed to attach to having clear opinions and speak- others and live a real, authentic ing with confidence and authority. life. She described full involve- However, in a committee envi- ment and enjoyment in activities ronment, dialogue was more Director of the National Gallery of Ireland Seán Rainbird with Mary Keane as essential to wellbeing. important, and Matthews elabo- rated on scenarios where meetings could be overly dominated by strong voices. “Great leaders don’t take ‘yes’ for an answer,” he said, pointing out that it was important to always hear alternative views. Avoiding groupthink was critically important, he said, and warned against the destructive short-circuiting of meetings by over-bearing participants. High-performance teams tended to encourage full interac- tion between every member. An effective chair should be able to bring any frustrations to the sur- face in order to ensure that they were dealt with effectively. It was also the chair’s responsibility Seán Rainbird (director of the National Gallery), Law Society deputy director general Mary Keane, Law Society President to ensure that discussions stuck Michael Quinlan, Antoinette Moriarty (head of the Society’s counselling service), Philip Matthews (president, National closely to the agenda. College of Ireland), Rachael Hession (Law Society Professional Training) and Cormac Ó Culáin (public affairs manager) Law Society Gazette | gazette.ie NEWS March 2018 13

FAMILY LAW COMPLEX ON TRACK, SAYS RYAN Courts Service chief executive fer from “appalling audio”, say Brendan Ryan has scotched rum- practitioners. The elevated posi- ours that the planned family law tion of the judge is unsuited to the courts complex at Hammond nature of family law court sittings, Lane in Dublin has been put they believe. on ice. “The courtrooms are old-fash- The eagerly awaited develop- ioned and do not lend themselves ment on a brownfield site in the to the proper empathetic man- heart of the legal quarter is still agement of our exceptionally dif- on track, the Courts Service head ficult and complex proceedings,” told the Gazette: “The Courts said one family lawyer. Service has prepared a business Consultation facilities are inad- case for the project, which we equate, despite the genuine need have sent to the Department of for privacy and a degree of com- Justice for approval to proceed to fort to allow vulnerable respon- tendering stage. We are awaiting dent parents to instruct their legal a response from the department teams, family lawyers say. on the matter.” The lack of privacy in fraught The Gazette understands that situations has led to the gardaí four separate building proj- being called on occasion. ects must all be costed out of an Practitioners say the inade- agreed €150 million departmental Brendan Ryan: ‘The Courts Service is awaiting approval from the Department of quate audio is a matter of “gravest budget. Justice to proceed to tendering stage’ concern”, because it leaves wide These include the new fam- open the possibility of judicial ily law courts complex, as well as public-private partnership. where family and child law courts review by a respondent parent, three new greenfield garda sta- Family law practitioners, have been sitting since 2016. who could say afterwards that tions at Macroom in Cork, Clon- meanwhile, have expressed their Though given an overhaul, they could not hear the evidence, mel in Tipperary, and Sligo town deep frustration and unease with these facilities remain decrepit, and didn’t, therefore, get a chance – all of which will be built under current facilities at the Bridewell, cold, draughty and, crucially, suf- to properly test it.

PUPILS EYE A CAREER IN LAW PIC: CIAN REDMOND Transition year students from all cial firm, a careers seminar, and across the country enjoyed the a mock trial. opportunities offered by the The programme, run by Law ‘Solicitors of the Future’ pro- Society staff, expert practitioners, gramme that took place from and trainee solicitors, generated 5-9 February at Blackhall Place. enthusiastic feedback from par- This innovative work experi- ticipants, who learned about how ence programme encourages the law is relevant to their daily secondary school pupils to lives. The programme is designed consider a career in the law by to build awareness of legal pro- giving them an insight into the cesses, constitutional principles daily working life of a solicitor. and the values that underpin the The 40 highly sought-after rule of law in Ireland. places offer participants a range Entry to the programme is Darragh Byrne (St Vincent’s Castleknock College, Dublin), Saoirse Conroy (Mount of experiences, including a visit Sackville Secondary School, Dublin), Ellen McCormack (Maynooth Post-primary through a school lottery system, to the Criminal Courts of Jus- School Kildare), Eimhin O’Neill (Belvedere College, Dublin), Philip Kane (Confey with the application procedure tice, a tour of a large commer- College, Kildare) and Jack McGeown (Patrician High School, Monaghan) opening in autumn each year. 14 March 2018 NEWS Law Society Gazette | gazette.ie

THE FUTURE OF PENSIONS IN IRELAND The Diploma Centre is offer- ing a new Certificate in Pensions and Applied Trusteeship, which begins on 13 March. Applica- tions are now being accepted. The course has been devel- oped with the guidance of the Law Society’s Pensions Subcom- mittee and will equip trustees to handle challenging issues such as underfunding, scheme wind-ups, pensions adjustment orders, taxation, mergers and acquisitions, and scheme restructuring. Lectures will be made available online, live, and on demand. At the launch of the new Certificate in Pensions Law and Applied Trusteeship were members of the Law Society’s For further details, visit www. Pensions Subcommittee: Susan Webster, Fergal Mawe (Law Society), Jane McKeever, Tommy Nielsen, Fiona Thornton, lawsociety.ie/diplomacentre. Liam Connellan and Stephen Gillick RESTRUCTURING LEADS TO LAUNCH OF NEW LAW FIRM IN WEST CORK PIC: DIANE CUSACK Hallissey & Partners is the large new law firm to emerge from the restructuring of the well- respected West Cork firm of PJ O’Driscoll in Bandon. With a team of more than 25, Hallissey & Partners will continue to operate from the offices of the former O’Driscoll’s at 41 South Main Street, Bandon. Led by managing partner Ted Hallissey, the new firm retains four partners of the previous firm: Geraldine Crean, Ted Hallissey (managing partner) pictured with the firm’s partners and solicitors at the launch of Hallissey & Partners law Paul Westcott, Susan Lee and firm as a result of restructuring at PJ O’Driscoll Solicitors in Bandon, Cork Eileen Hayes, together with all the associate solicitors. are delighted to start 2018 with our firm. We will continue to manner, through a combination Speaking at the launch of the our new structure, which reflects deliver excellent results for our of experience, expertise and new firm, Hallissey said: “We the progress and ambition of clients in a prompt and practical attention to detail.”

Are you being served? Orion Risk has been helping leading law firms, banking and financial institutions with key Debt Recovery solutions for over 25 years. Web: www.orionrisk.ie n Due Diligence Reporting n Summons Service Tel: + 353 1 2886625 n Pre-Sue Enquiries n Asset Tracing & Valuations Email: [email protected] n Employee Screening n Background Checks PSA Licence number: 06041 Law Society Gazette | gazette.ie NEWS March 2018 15

NEW-BUILD WORKPLACE WELL-BEING COURTHOUSES GO SCREEN TIME OR REAL TIME? HIGH-TECH A young Joan Didion, before she grew into her position as one of the most influential jour- nalists and writers of our time, and following a disappointment at college, wrote “innocence ends when one is stripped of the delusion that one likes one- self”. It is a statement perhaps more easily made at the outset of adult life, capturing as it does the pain we can all experience of and growth are possible right passing from a childlike state of throughout our lives. Yes, we easy acceptance of ourselves to evolve through our experi- the discomfort or ‘dis-ease’ that ences, our achievements, our Two brand-new courthouses have The completed courthouse has emerging adult self-awareness roles and our work. The real opened in recent weeks, in Letter- four double-height courtrooms, can bring. As our small country change agent, however, lies kenny (above) and Wexford. ancillary accommodation for catches up with our American in our relationships – with our- The new Letterkenny Court- judges and staff, rooms for practi- neighbours in our appetite for selves and with other people. house is a magnificent achieve- tioners to consult with clients and psychological answers to life’s The challenge offered to ment that will keep the adminis- vulnerable witnesses, spacious big questions (50% of trainee you this month is to swap tration of justice right at the heart public lobby and waiting areas, solicitors now attend the Law some screen time for real time of the busy Donegal town, Chief spaces for the media, and facilities School’s counselling service), – with yourself and with loved Justice Frank Clarke said at its for those in custody. our emotional relationship with ones. It’s a sound investment opening on 12 February. The courthouse will routinely our work has never been more – your well-being levels will The old courthouse was a accommodate hearings of the closely observed. rise, vaccinating you against fine building, he said, which had Circuit and District Courts, and Perhaps this recent curios- the inevitable stress of profes- served the town since 1831, but may also be used by the High ity is unavoidable. After all, to sional life and equipping you after 187 years, the needs of a Court and Central Criminal become a solicitor requires a with a self-belief that is earned modern courts system became court when needed. level of drive, self-generation, and so sustainable. more than it could manage. Internally, the floor plans are and maybe even a certain Of course, the beautiful The new courthouse is part of a organised around the central detachment from the perceived irony is that, if you make that €140-million public-private part- courtrooms, allowing the pub- confusion of emotion. It calls for plan to care for yourself, you nership, which is delivering seven lic, judges, jury, and persons in competitiveness, alongside a will also be optimally equip- courthouses across the country. custody to enter the courtrooms desire for collegiality. ping yourself to care for your The first of these, in Drogheda, from different directions. Court- As training is left behind, the clients – personal well-being opened last July. Wexford, Lim- room technology includes digital pursuit of success involves long for professional success. erick, Waterford, Cork and Mull- audio recording, evidence dis- hours, days, weeks and even If you would like to learn ingar courthouses are all on tar- play and video-conferencing, so years apart from the people and more about self-care, places get to open this year. that people can be facilitated in passions we all need to light are available at our Law Soci- “These seven projects repre- appearing in cases from distant us up. So, alongside growing ety Professional Well-being for sent a significant investment by locations. There is also universal expertise, legal professionals Success conference on 17 May the State in the sort of modern access for those with mobility dif- can carry undercurrents of self- at the Connacht Hotel, Gal- facilities that are needed for the ficulties, user-friendly signage, doubt, or even self-criticism, way. Email: finuas@lawsociety. administration of justice into the and induction loops for the hard that no amount of billable hours ie for details. future,” the Chief Justice said. of hearing. can resolve. “This building reflects the way I The old courthouse is to be The good news is that, as long Antoinette Moriarty is a psycho- hope the administration of justice kept in public ownership, with as we are breathing, our brains therapist and heads up the Law will evolve in the relatively near Donegal County Council over- are evolving; personal change School’s counselling service. future.” seeing its future use. 16 March 2018 NEWS Law Society Gazette | gazette.ie

AR MHAITH LEAT A MEMBER SERVICES BHEITH AR CHLÁR NA ASSISTING YOU WITH ADVERTISING GAEILGE? Recent media coverage has highlighted the importance of solicitors’ obligations under the Solicitors (Advertising) Regulations 2002. To assist solicitors in meeting their obligations, the Law Society has published guidelines to the regulations. It also offers an advertisement-vetting service. Eamonn Maguire (advertising regulations executive at the Law Society) explains: “If The PPC2 elective Advanced will be required to complete a solicitor wants to advertise, Legal Practice Irish/Ardchúrsa individual and group coursework they can submit a draft adver- Cleachtadh Dlí as Gaeilge (CDG online, in between each session. tisement to the Law Society ety’s content-vetting service Ardchúrsa) is open to practising Due to the group work required, for approval in advance of pub- provides very welcome peace solicitors who wish to be reg- attendance at all of the Thursday lishing. We will review it and of mind. With this level of istered on the Irish Language evening workshops is essential. respond in a timely manner to confidence, we can continue Register (Law Society)/Clár na Assessment will combine con- the solicitor – outlining in detail marketing to our client base, Gaeilge (An Dlí-Chumann). tinuous assessment and an end- any problems that may exist so safe in our knowledge that In order to be entered onto the of-course oral presentation. that the advertisement may be our content is Law Society Irish Language Register, a solici- A Leaving Certificate Higher revised in order to comply with approved.” tor must take this PPC2 elective Level standard of Irish is a mini- the regulations.” To avail of this timely and course and pass all course assess- mum standard. This course will Many solicitors have availed efficient service, send your ment and attendance require- fulfil the full practitioner CPD of the service and find it draft advertisement to: ments. The course will run from requirement for 2018. invaluable. One such solici- advertisingregulations@law- 12 April until 14 June 2018. The The fee for 2018 is €625. The tor said: “It’s a competitive society.ie or call 01 879 8700 course contact hours (lectures closing date for applications is environment out there for law with any questions relating to and workshops) will be deliv- Friday 16 March at 5pm. firms online these days – and, solicitor advertising. ered on Thursday evenings from Further information is avail- digitally, there is a lot to keep Further information, includ- 6-8pm at Blackhall Place. Lec- able on the Law Society website updated on for any marketing ing practice notes and links to tures in weeks one and two will at www.lawsociety.ie/alpi.aspx. team. Adding regulatory com- the regulations, are available be made available online. Queries relating to the Advanced pliance to the mix means that on the Law Society’s website This is a ‘blended learning’ Legal Practice Irish course can there is an added layer for law (www.lawsociety.ie/solicitor- course. In addition to physi- be addressed to Maura Butler firms to manage. The Law Soci- advertising). cal attendance on the specific at [email protected] or tel: Thursday evenings, participants 01 672 4802. LAW SOCIETY GAZETTE • Vol 112 No 1 No frontiers Dark knights To boldly go The possible impact of It is difficult to reconcile Correctly scoping a discovery Brexit on human rights and vigilante activity with the exercise is critically important equality provisions traditional justice system to its outcome and efficiency GET MORE AT

gaLAW SOCIETY ette€4.00 JAN/FEB 2018 www.gazette.ie Gazette readers can access back issues of the magazine as far back as Jan/Feb 1997,

JAN/FEB 2018 right up to the current issue.

You can also check out: • Employment opportunities • Current news • The latest CPD courses SIGN ON THE WINNER • Forthcoming events, as well as the fully … as well as lots of other useful

Law Society of Ireland DOTTED LINE Are ‘comic book contracts’ interactive version of the Gazette and the information the user-friendly future? magazine’s indices Law Society Gazette | gazette.ie NEWS March 2018 17

‘PARADIGM SHIFT’ IN DELIVERY OF MARKETING YOUR FIRM LEGAL ADVICE TO HOW CLIENTS CHOOSE SOLICITORS In my last article, I looked at how PUBLIC SECTOR newsletters can be a very simple but powerful tool in developing and maintaining your relationship with your list of past, current and prospective clients. In future articles, I will return to the specifics of how to do that. But first, I would like to draw your attention to the results of a recent survey that underlines the importance of why you should consider doing this in the first place. In January 2018, the Solicitors Regulatory Authority in Britain published the results There is much more to these of its Price Transparency in the figures, but they bear out a Junior Minister Pat Breen: ‘It’s vital that SMEs understood the opportunities Legal Services Market survey. very simple fact that empha- opened up by bidding for public procurement contracts.’ It involved a very detailed sur- sises the importance of every- vey of 1,000 participants on the thing we’re looking at in this Legal services to the public sec- Two of the frameworks – market for conveyancing ser- series: marketing your prac- tor worth a massive €85 million encompassing all-of-government vices in Britain. tice is not about fancy logos are up for grabs under a newly (excluding central government) When I started this series, or smart ads. It’s about how streamlined delivery framework. and local authority legal spends – I looked in some detail at the you relate to your past, cur- The Office of Government can be used by 320 public sector last survey done in this area rent and prospective clients. Procurement (OGP) described bodies and all local authorities. here, which was carried out by People do business with as a “paradigm shift” its new The annual spend on such legal the Law Society in 2015 (see those whom they know, like tendering procedures, which costs is expected to be in the order my article in the October 2017 and trust. Therefore, your followed 18 months of intensive of €54 million, with expected sav- issue). The results of the more first and most important task design and development work. ings of €6 million a year. recent British survey add some in marketing you and your OGP procurement strategy Both tender competitions are very interesting insights to this practice is to have simple and now breaks large contracts into broken into lots by legal prac- analysis. effective systems in place for smaller lots or ‘frameworks’, tice area to ensure that law firms The survey looked at two fac- developing your relationship more manageable for small and can compete on the basis of their tors in particular: how buyers with those who know you and medium-sized legal firms, and expertise. Significantly, the OGP find solicitors, and how they who come to like and trust also recognising different legal has removed the requirement choose from what they find: you because of that relation- services needs across the public for minimum turnover, opting • 80% found their solicitor ship. They are the people sector. instead for a simple declaration based either on the recom- most likely to recommend These range from “routine of solvency. mendation of a family mem- you to others and to return transactional services, such as A total of 109 law firms have ber, a friend or intermediary, to do business with you again. low-value conveyancing, to already tendered under these or from previous personal And that is how 80% of high-end strategic advice on frameworks – half of them com- experience, people find and choose their complex legal matters that are of peting for the first time – with 71 • Similarly, when it came to solicitors. national importance or unusual firms appointed. Of these, 33 are selecting from their options, legal complexity”, according to firms with five solicitors or less, 80% also chose based either Flor McCarthy is the author of the OGP. and 44 are firms with 20 solici- on a recommendation or prior the Solicitor’s Guide to Marketing The roll-out of the framework tors or less. Minimum profes- experience, and Growing a Business, avail- model is expected to see savings sional indemnity insurance has • Only 6% chose the cheapest able at www.thesolicitorsguide. of 11% on an anticipated annual been set at €1.5 million, in line option available to them. com. spend of over €85 million. with regulatory requirements. 18 March 2018 NEWS Law Society Gazette | gazette.ie

MINISTER NAMES TEAM CHARGED WITH CRITICAL REFORM OF JUSTICE DEPARTMENT Two senior executives with grow since the Toland Report. online betting behemoth Paddy Three additional agencies Power Betfair are part of a team were created under the depart- charged with implementing ment’s remit – the Charities “transformational change” inside Regulatory Authority in 2014, the Department of Justice and and the Policing Authority Equality, writes Mary Hallissey. and the Legal Services Regula- Justice Minister Charlie Flana- tory Authority in 2016, though gan has hand-picked four experts charity regulation has now been to deliver critical reforms inside a moved to the Department of department that has been dogged Rural and Community Devel- by controversy in recent years. opment. These additional bod- The remit of the four-person ies and policy areas brought the Change Implementation Group number of departmental agen- is to ensure that any outstand- cies to 29, and further compli- ing elements of the Toland Report, cated an already complex sector, which scrutinised the relation- the report notes. ship between the department and A separate management the gardaí are fully implemented. consultancy report has recom- The group will also scrutinise mended that the department departmental culture, decision- be broken up into two separate making and management and, in deputy secretary areas – Jus- particular, the flow of informa- tice and Equality, and Home tion to and from the minister’s Justice minister: ‘The group will scrutinise departmental culture, decision- Affairs, with a dedicated assis- office. making and management’ tant secretary responsible for “Identifying the right model governance. and protocols that will facili- the economic crash, both in set- The CIG will report initially No timeframe has yet been tate appropriate oversight and ting up NAMA and in liquidat- by June, with quarterly updates set for the OPW to vacate 52 St accountability is a challenge all ing Anglo-Irish Bank, as well as thereafter, with its focus on prac- Stephen’s Green so that depart- democracies grapple with, and I managing the financial aid from tical implementation of neces- mental staff, currently spread believe the input of the Change the ‘Troika’. sary reforms and modernisation. across eight separate buildings, Implementation Group will be Ó Ríordáin is joined by Paddy can re-locate to 51 and 52 on valuable,” the minister said on 31 Power stablemate Andrew Algeo Red flag the Green. January. who spent a decade as manag- In February, an internal depart- Last year, in-house training ing director at the betting firm mental report on the implemen- was attended by 1,800 depart- Safe bet where he was responsible for tation of the Toland Report noted ment staff across 165 days. A Pádraig Ó Ríordáin will chair the corporate development, risk and that a corporate secretariat office professional head of strategic group. He is a senior corporate consumer insights. had beefed up communication human resources was appointed partner at Arthur Cox and a for- The duo is joined by Theresa procedures to ensure that high- in 2016 and HR specialists were mer managing partner with the Daly, who led IKEA’s establish- priority correspondence was recruited at assistant principal firm, as well as being a non-exec- ment in Ireland and was also a immediately ‘red-flagged’. level. utive director of Paddy Power senior manager with Microsoft. A ‘cultures and values’ charter A department head of com- Betfair. His recognised expertise Daly specialises in strategy and was published in 2016 with the munications, who is also a mem- is in complex commercial trans- leading organisational transfor- objective of fostering a more out- ber of the management board, actions and, in particular, in gov- mation. ward-looking, listening organ- was appointed in January 2015 ernance. The final member of the team isational culture. at principal officer level. A web Ó Ríordáin also served as is Kieran Coughlan, former sec- However, the report notes that editor was also appointed, and chairman of DAA, the State retary general of the Oireachtas progress in overall departmental the department’s Twitter feed is airports company, and worked or ‘Dáil clerk’, where he was structure has been slower than now embedded on its website, as the lead legal advisor to the regarded as a modernising influ- anticipated, because the depart- as are all replies to parliamen- Department of Finance during ence for 23 years. ment’s remit has continued to tary questions. Law Society Gazette | gazette.ie NEWS | BAR ASSOCIATIONS March 2018 19

COMPILED BY KEITH WALSH, PRINCIPAL OF KEITH WALSH SOLICITORS

LOCAL AUTHORITIES LASBA WALKS THE WALLS

The Local Authority Solicitors Bar Association (LASBA) held its first annual winter conference outside Dublin on 1 December in Derry. Principal office holders and overseas guests representing local authority legal departments were joined by solicitors from Cork, Derry, Galway, Dublin, Dun Laoghaire, Kerry and Wicklow, including (l to r): Robert Meehan, Mairead Cashman, Rosemary Cronin, Aoife Hogan, Berni Fleming, Stephen McDevitt, Rachel Gaffney, Noel O’Reilly, Philip Kingston (Derry City Council, host), Peter Hessett (president, Society of Local Authority Lawyers and Administrators in Scotland), Ian Munnelly, Maoliosa McHugh (Mayor of Derry City), Terence O’Keeffe (president, LASBA), Patrick Healy (honorary secretary, LASBA), Dorothy Kennedy, Orla Deasy (vice-president, LASBA), Lesley Graham (Scotland), Audrey O’Hara, Kevin O’Leary, Claire Hickey, Suki Binjal (Lawyers in Local Government – England), Patricia Murphy, Vlad Valiente (Scotland), Anne McCormack and Paul Mahon McCarthy

GALWAY WEXFORD CITY OF THE TRIBES NEW COURTHOUSE CELEBRATES RISING Siobhan Dunne (Wexford Solici- offices, boasts fours new court- tors’ Association) tells The rooms that replace the previous STARS Gazette that the opening of the courts sitting at Hill Street and Galwegians and their country James was renowned, accord- new courthouse at Belvedere Ardcavan. The spirit of collegial- cousins will be out in force at ing to those who knew him best, Road, Wexford Town, marked ity, long a hallmark of practice in this year’s Galway Solicitors’ “as a top-class litigator and, more a big change. The first sitting Wexford, can only be enhanced Bar Association annual dinner at importantly, a man who never took place there on 23 Janu- by the magnificent views from the Meyrick Hotel on 2 March saw a colleague in distress but ary. The new building, housed the legal practitioners’ room in at 7.30pm. assisted” and who, we might add, in the old Wexford Corporation the new building. Local sources say: “It is a but for this appointment, would DUBLIN testament to the generosity of have remained GSBA president spirit of the Galway solicitors for life. that they would honour Mayo Eoin’s appointment, follow- LADIES’ GOLF OUTING and Tipperary men, Eoin Gara- ing in the footsteps but going The annual spring golf outing tion entries and dinner book- van, formerly one of the leading one step further than his late of the Lady Solicitors’ Golfing ings should be notified immedi- practitioners on the Western father, Judge John Garavan of the Society will take place at Killiney ately to deirdrelsgs2017@gmail. Circuit and now judge of the District Court, will be appreci- Golf Club on Friday 6 April com. Golfers will be vying for Circuit Court, and James Sey- ated by all who appear in his 2018 (tee times from 2-4pm). the Pat O’Connor Perpetual mour, late of Berwick solici- court. Eyre Square chat has it: “If Lady captain Mary Casey is Trophy and many other prizes. tors and now Tipperary county he’s half the judge his father was, encouraging a big turnout of The day will conclude with din- registrar.” he’ll do fine.” players and visitors. Competi- ner at the golf club at 8pm. 20 March 2018 SOCIAL NEWS Law Society Gazette | gazette.ie

LAW SOCIETIES’HEADLINE...... SUMMIT IN LONDON DISCUSSES POTENTIAL IMPACT OF BREXIT

At the meeting of the leaders of the law societies of England and Wales, Ireland, Scotland and Northern Ireland were (from, l to r): Michael Quinlan (president, Law Society of Ireland), Eileen Ewing (president, Law Society of Northern Ireland), Joe Egan (president, Law Society of England and Wales), and Graham Matthews (president, Law Society of Scotland); (back, l to r): Ken Murphy (director general, Law Society of Ireland), Suzanne Rice (vice-president, Law Society of Northern Ireland), Paul Tennant (CEO, Law Society of England and Wales), Lorna Jack (CEO, Law Society of Scotland), Patrick Dorgan (vice-president, Law Society of Ireland), Alison Atack (vice-president, Law Society of Scotland), and Alan Hunter (CEO, Law Society of Northern Ireland)

Collectively, there are close to rent occupant and president, Joe Director general Ken Mur- What would be the likely conse- 200,000 solicitors on the Rolls Egan (who practises in Bolton), phy, in his role as a Bar Issues quences of each for lawyers and of England and Wales, Ireland, as his name suggests has strong Officer of the International Bar legal practice? Northern Ireland and Scotland, Irish roots – in counties Mayo Association, is organising and If Britain, including its legal and the leaders of these four law and Galway in particular. He chairing a business session on profession, will not be allowed societies meet formally twice a was pleased to welcome his Brexit at the IBA bar leaders’ ‘have its cake and eat it’, what year to discuss matters of mutual friends from neighbouring juris- annual meeting in Oslo on 24 possibly painful trade-offs are interest. dictions to Carey Street for a May 2018. likely to be required by the EU, The official home of the presi- Four Law Societies’ ‘Summit’ on He briefed the London meet- now that the Brexit trade talks dent of the Law Society of Eng- 31 January 2018. ing on the themes that bar lead- have commenced? And what land and Wales is in an early Despite the elegance and ers worldwide – but Europe in impact will all of this have on Georgian townhouse at 60 Carey antiquity of the surroundings, particular – will be seeking to London’s pre-eminence as a legal Street, just around the corner however, it was a very pressing address in Oslo, such as what centre? from the Society’s headquarters modern topic that dominated the kind of Brexit agreement will No answers to any of these on Chancery Lane. The cur- agenda, namely Brexit. be reached – hard, soft or none? questions are, as yet, available. Law Society Gazette | gazette.ie SOCIAL NEWS March 2018 21

TAKE THE CALCUTTA RUN CHINA CHALLENGE!

The Calcutta Run celebrates its gins back in 1999. The brain- and tennis. While traditionally tantalising options on Saturday 20th (or ‘china’) anniversary this child of Eoin MacNeill and Joe centred in Dublin, this year’s event 26 May: runners can take on the year, writes Mark McDermott. Kelly of A&L Goodbody, the could see New York added as an 5k or 10k challenge, cyclists have At the end of those 20 years, the duo approached the Law Society international venue. The vision is the option of a 50k or 100k route, event is fast closing in on achiev- in January 1999 to explore how for the Calcutta Run to eventually while teams can take part in the ing a whopping €4 million in the legal profession might come become an international affair, DX firm challenge. the amount of funds raised. To together to create an annual fund- driven by Irish lawyers around the Those who complete the meet that target, the event’s raising event to support homeless world. Not to be outdone by New event are welcome to enjoy the organisers have set €300,000 children in Ireland and Kolkata. York, the Southern Law Associa- Finish Line Festival with fam- as their fund-raising objective Director general Ken Mur- tion will be organising a Calcutta ily and friends in the sports field this May. phy introduced Eoin and Joe to Run by the Lee. Watch out for behind Blackhall Place. The fes- During the past 20 years, the the Society’s director of finance more details in the coming weeks. tival features a barbecue, bar, run has helped countless homeless Cillian MacDomhnaill, who is Last year, over 1,200 people vintage stands, DJ and children’s young people at home and in India an avid runner. And so, the idea took part and raised €230,000. activities. through donations to the Peter of the Calcutta Run was born. “We’d love to achieve a new ‘per- You can play a central role McVerry Trust, The Hope Foun- Twenty years later, Eoin, Joe and sonal best’ of €300,000 in 2018,” in the Calcutta Run’s china cel- dation and, previously, GOAL. Cillian continue to be centrally says Cillian. “With some extra ebrations by signing up today at Preparation is everything, as involved in organising ‘Ireland’s effort from all the firms and indi- www.calcuttarun.com. If any of any athlete knows, so the organis- legal fundraiser’. viduals involved, we believe it’s our readers have taken part in all ers are jumping out of the starting Spurred on by the success of an achievable target. €4 million 20 runs (or close to it), or wish to blocks early this year to encourage the inaugural run, the event has raised over 20 years would be an suggest novel fund-raising ideas an even greater effort by individ- grown to encompass a variety of incredible accomplishment!” for your firms, you are invited ual participants and firms. sporting disciplines, including Participants in this year’s Cal- to contact Hilary Kavanagh at The Calcutta Run has its ori- running, walking, cycling, soccer cutta Run will have a number of [email protected]. 22 March 2018 ANALYSIS | NEWS IN DEPTH Law Society Gazette | gazette.ie

WHERE ARE YOU FROM?

For the first time, the Gazette looks at the county distribution and gender breakdown of practising solicitors in the State. Ken Murphy reports

KEN MURPHY IS DIRECTOR GENERAL OF THE LAW SOCIETY

ounty of birth, or at least surprisingly, also have among the State’s second largest city, county of residence, is the larger concentrations of PCs is Cork where the 855 solici- an immensely power- namely, Kildare (179), Wicklow tors comprise 9% of the State’s Cful personal identifier for Irish (135) and Meath (120). total. For this exercise, all per- people. Being from one side of centages are rounded to the a county boundary rather than Outside the Pale nearest whole number. another – and accordingly hav- The largest county by far in Ire- Co Galway is third in size, ing your spirits elevated by land in geographical size, with with 351 PCs. When Galway the sight of one set of county colours rather than another – really matters in Ireland. 26-COUNTY BREAKDOWN It may be a little surprising, therefore, that the Gazette OF ALL PRACTISING has never previously published SOLICITORS, BY GENDER a table setting out the number of practising certificates on a County Male Female Male and county-by-county basis. But here female total it is. Carlow 22 24 46 The numbers are of practis- Cavan 30 22 52 ing certificates (PCs) issued to Clare 48 71 119 solicitors, by practice address in Cork 411 444 855 each of the 26 individual coun- Donegal 61 68 129 ties in the State, on the last day Dublin 2831 3235 6066 of the most recent practising Galway 160 191 351 THE NUMBER year, namely 31 December 2017. Kerry 88 73 161 Kildare 86 93 179 The many solicitors with prac- Kilkenny 38 32 70 OF PCs IN AN tice addresses outside the State Laois 22 12 34 INDIVIDUAL are excluded for the purposes of Leitrim 20 13 33 this exercise. Limerick 155 153 308 COUNTY IS AN The number of PCs in an Longford 19 23 42 individual county is an indicator Louth 83 64 147 INDICATOR OF of the demand for legal services, Mayo 67 54 121 THE DEMAND together with the level of eco- Meath 70 50 120 nomic activity, in that county. Monaghan 19 25 44 FOR LEGAL There were 9,665 solicitors Offaly 32 30 62 with PCs issued in the State Roscommon 25 23 48 Sligo 50 37 87 SERVICES, on 31 December 2017. No less Tipperary 103 60 163 than 6,066 of them were issued TOGETHER WITH Waterford 56 49 105 to solicitors in Dublin, inclu- Westmeath 50 45 95 THE LEVEL OF sive of Dublin City and County. Wexford 49 44 93 Accordingly, a massive 63% of Wicklow 69 66 135 ECONOMIC all the practising solicitors in the TOTAL 4664 5001 9665 ACTIVITY, IN State are based in Dublin. These figures represent the total number of solicitors with a practising The populous counties sur- certificate in the 26 counties, as advised to the Law Society, up to and THAT COUNTY rounding Dublin, perhaps not including 31/12/2017 Law Society Gazette | gazette.ie ANALYSIS | NEWS IN DEPTH March 2018 23

WITHIN THE STATE AS A WHOLE, WE HAVE 5,001 PRACTISING SOLICITORS WHO ARE WOMEN (52%) AND 4,664 WHO ARE MEN (48%) and all the other four counties numbers of PCs is Leitrim (33) where the majority of practising male PC holders than female. of Connaught have their PC – with Laois (34) just one ahead, members is female was the solici- Only in Carlow, Clare, Cork, numbers added together, the followed by Longford (42), tors’ profession in this jurisdic- Donegal, Dublin, Galway, Kil- resultant 640 tally, an entire Monaghan (44) and Carlow (46). tion. dare, Longford and Monaghan province, comprises just 7% of The table published here do female practitioners now the State’s total. Feminisation trend shows, for the first time, the gen- constitute the majority. The six counties of Munster Perhaps the most powerful der breakdown on a county-by- The tradional male hege- have between them 1,711 PC source of human identity, even county basis. Within the State as mony, in numerical terms, holders, which represents 18% more powerful than county iden- a whole, we have 5,001 practising within the profession continues of the total. tity in Ireland, is gender. solicitors who are women (52%) to prevail in the great majority The province on the east The feminisation of the legal and 4,664 who are men (48%). of individual counties. coast, by contrast (inclusive of profession has been a global In Dublin, the percentage of The most striking county Dublin among all the 12 coun- trend for decades. But the pace PCs issued to women is slightly in this regard is Tipperary – ties of Leinster), has 7,089 prac- of the trend now has massive higher at 53%. the 103 male PC holders (63%) tising solicitors, which is 73% of momentum. As the Law Society In no less than 15 of the 26 overwhelmingly exceeds the 60 the total. proudly proclaimed in 2014, the counties, however, it is still (37%) held by their female col- The county with the smallest first legal profession in the world the case that there are more leagues. 24 March 2018 ANALYSIS | NEWS IN DEPTH Law Society Gazette | gazette.ie

WE ARE FAMILY

Legal recognition for family life is what’s important, whether in marriage or civil partnership, says Lady Brenda Hale. Mary Hallissey reports

MARY HALLISSEY IS A JOURNALIST WITH GAZETTE.IE

hief Justice Frank Clarke be disclosed,” he stated. of troubled parents who are taken opened the Four Juris- He added that the significant into care may be somewhat more dictions Family Law interconnection between the four benign in this jurisdiction than in ConferenceC by quipping that he jurisdictions represented at the the UK. There is a feeling that had worked on some big-money conference – at Dublin’s Conrad the likelihood of children being cases in the family law sector, but Hotel on 27 January – would con- formally adopted out of that kind found the term ‘ample resources’ tinue fully, post-Brexit, because of situation is greater in the UK far more suitable. it was driven by the interrelated- than in Ireland.” The upcoming GDPR had ness of people. Of Britain’s entire On that topic, leading British “scary implications” for fam- population, at least six million judge Peter Jackson questioned ily lawyers, he said, and forensic were entitled to Irish citizenship, whether the ancient institution accounting would remain at the he noted. of adoption could survive in the heart of difficult family law cases. “That interconnection is going internet age. Dublin-born Jack- “The proposals in Irish legisla- to continue – whatever the legal son was appointed to the British tion to transpose the GDPR into architecture within which dis- Court of Appeal in 2017. Irish law include the creation of putes that have some element of Speaking to the Gazette, he a specialist internal judicial data cross-border difficulty attached to said: “That model of adoption has protection commissioner. them may be,” he said. undoubtedly been affected by the “We will have to create our own internet. Whatever one’s beliefs stand-alone data protection com- Forum shopping about non-consensual adoption, WHEN missioner within the judiciary, On the issue of ‘forum shopping’, one has to take account of that and also our own stand-alone the chief justice said: “There is a reality. There is no denying that CONCEPTION body to define the parameters perception, rightly or not, that the model of a child passing com- CAN TAKE PLACE of what may or may not have to the regime in respect of children pletely beyond knowledge [of the OUTSIDE THE BODY INVOLVING A SEEMINGLY ENDLESS RANGE OF VARIABLES, FROM MITOCHONDRIAL DONATION, TO IVF, TO SURROGACY,

WHO ARE THE Addressing the topic of ‘Parenthood and identity rights for children’ were Mr Justice Peter Jackson (chair, Court of Appeal, UK), Dr Claire Fenton-Glynn (keynote speaker, University of Cambridge), and panellists Dervla Browne SC, PARENTS? Frances Heaton QC and Suzanne Rice (solicitor, Northern Ireland) Law Society Gazette | gazette.ie ANALYSIS | NEWS IN DEPTH March 2018 25 ALL PICS: PAUL SHERWOOD

FLIMSY

Lady Brenda Hale ‘BEHAVIOUR’ DIVORCE parents] is increasingly under- of clan, family, gender, race, class, is being called into question. Our PETITIONS ADD stood as not fully practicable in sexual behaviour. In our lifetimes, very genetic make-up can now the internet age.” many of these certainties have dis- be altered by editing the human NEEDLESSLY “Identity is the fundamental solved. genome, affecting not only our- constituent of family law,” Jack- ‘Social structures that were once selves, but generations to come,” TO THE ANGER, son declared. “Historically, our moulded by religious faith are he said. PAIN AND law of persons has depended now being moulded by the pos- In the context of all this momen- upon fixed conceptions of identity sibilities of science and technol- tous change, Jackson wondered GRIEF THAT based upon conformity in matters ogy. Every aspect of our identity whether we had the correct bal- ACCOMPANY THE END OF FOCAL POINT A MARRIAGE, DO NOTHING ON LEGAL RECOGNITION FOR FAMILY LIFE TO HELP SAVE On the question of legal recog- method of giving legal sta- consequences.” nition for family life, Lady Hale tus, rights and responsibilities Lady Hale said it was more A MARRIAGE, said that what was important to couples who want to be important that couples ‘do was the social and psycho- together. Why are so many something’ to regularise their AND CAN logical commitment to those same-sex couples so keen to unions, whether that be mar- MAKE THINGS responsibilities. marry, when they had a per- riage or civil partnership. Why She said that she found ideo- fectly serviceable method … in should we mind [which they WORSE FOR logical objections to the insti- civil partnership? choose], as long as they do tution of marriage “very puz- “It shows very strongly, that something? CHILDREN zling”, since its patriarchal fea- in both directions, marriage “In my view, we ought to WHO SUFFER tures had disappeared under still has social and psycho- be happier that they want to the law. logical significance, which has make a legal commitment, MOST FROM “It’s a perfectly serviceable nothing to do with the legal whichever one it is.” CONFLICT McCann Sadlier

IS THE NEW NAME FOR

McCann Sadlier, Legal Costs Accountants has over 100 years of combined Legal Costs experience. While our name has changed, our specialised personnel remain. We will continue to provide all of our clients with a first class, expedient service. We believe that it is vital to be alert in respect of all developments in this ever changing area of the law, enabling us to provide solid, consistent and up to date advice.

So, whether it’s drawing/opposing Bills of Costs, general advices, or a range of other expert Legal Costs services, please contact us at the details below and visit our website.

McCann Sadlier

YOUR LEGAL COSTS PARTNER

McCann Sadlier PHONE: 01 840 7069 Legal Costs Accountants FAX: 01 840 7183 11 North Street Business Park EMAIL: [email protected] Swords WEB: www.mccannsadlier.ie K67 XH29 Co Dublin. DX 91010 Swords

EXPEDIENT • EXPERT • SECURE Law Society Gazette | gazette.ie ANALYSIS | NEWS IN DEPTH March 2018 27

ance of rights between parent and child. “When conception can take place outside the body involving a seemingly endless range of variables, from mitochondrial donation, to IVF, to surrogacy, who are the parents? “What are the downstream consequences of individuals having the right to identify their own gender, or of the extension of marriage – with all its special legal consequences – to same sex couples? Or of the fact that there is WE WILL HAVE no global consensus about many of these things. Is our old legal TO CREATE OUR grammar adequate to describe OWN STAND- our own identities, let alone the identities of generations yet to ALONE DATA come?” he asked. PROTECTION ‘Quickie divorce’ consequences COMMISSIONER The keynote speaker was Lady Brenda Hale (President of the WITHIN THE Supreme Court of the UK), who started her legal career in fam- JUDICIARY Chief Justice Frank Clarke ily law. Commenting on certain differences between the jurisdictions of Ireland, and England pany the end of a marriage, do assumed that the highest aspira- an equal sharing of present assets, and Wales, she said that Ireland nothing to help save a marriage, tion for a woman is to become with no provision for future was fortunate in having ‘no- and can make things worse for dependent on a man, but I do needs, unless there would oth- fault’ divorce, since there was children who suffer most from believe, along with the Family erwise be grave hardship,” said less incentive to use adultery or conflict. Justice Council, that marriage is Lady Hale, pointing out that this ‘unreasonable behaviour’ to get “Under present [English] law a partnership in which spouses, was the situation in Scotland. a quick decree, as was the case in you can get a very quick divorce whatever their sex, often play dif- Dublin solicitor Keith Walsh her jurisdiction. and then spend years arguing ferent roles, often varying over (chair of the Law Society’s Fam- “In 2015, 60% of the divorces about the consequences. What time, for their mutual benefit ily and Child Law Committee) in England and Wales were based one wants to do is have as many and for the benefit of their chil- commented that Britain was in on adultery or [unreasonable] as possible of the consequences dren, and I would add, often for denial about the impact of Brexit behaviour, but only 6% in Scot- sorted out before you are free the benefit of their elderly parents on family law. “The folly of Brexit land. “It may seem paradoxical to go and marry someone else,” and relatives.” will be visited on divorcing cou- that ‘no-fault’ divorce is aimed at Lady Hale said. Those roles should be entitled ples where there is a dispute of strengthening family responsibili- to equal respect and recompense, jurisdiction involving the UK and ties, but in my view, it is.” Meal ticket for life she pointed out. Ireland, post Brexit,” he said. On the question of reform- Lady Hale took umbrage with “It is generally right and fair “A ‘no-deal’ scenario would ing the English law to remove the term ‘meal ticket for life’, that relationship-generated needs result in the worst possible result acrimony, while also bolstering saying that marriage involved should be met by the other party, for the UK and Ireland, and the marriage and family responsi- responsibility to meet each other’s if resources permit,” she said, impact would be greatest, not on bilities, Lady Hale cited a 1990 needs, and a creation of interde- quoting 2016 guidance on finan- the lawyers, but on their clients.” Law Commission report that said pendence. “Please, can we stop cial needs from the Family Justice He called on all family law- flimsy ‘behaviour’ divorce peti- talking about a ‘meal ticket for Council in Britain. yers in Ireland and Britain to join tions promote unnecessary hostil- life’ as if some people, at least, “The alternative view is that forces to lobby their governments ity and bitterness. haven’t earned it, because some of marriage is a partnership, rather and the EU to make sure that They add needlessly to the them have.” like a commercial partnership, family law would be included on anger, pain and grief that accom- “I agree that it should not be which should be dissolved with the Brexit agenda. 28 March 2018 ANALYSIS | NEWS IN DEPTH Law Society Gazette | gazette.ie

THE INBETWEENERS The new Mediation Act was commenced on 1 January. Keith Walsh looks at the practical implications of the act for family lawyers

KEITH WALSH IS CHAIR OF THE LAW SOCIETY’S FAMILY AND CHILD LAW COMMITTEE

he newly commenced • Provide for the establishment Law (Divorce) Act 1996 and the Mediation Act 2017 is to be of a body, to be known as the Guardianship of Infants Act 1964 welcomed by family law- Mediation Council of Ireland, are aware of alternatives to going Tyers, as it will encourage all those and to require that council to to court. involved in the resolution of legal make reports to the Minister Solicitors in family law cases separation, divorce, and private for Justice regarding mediation must now give more information child law disputes to seriously in the State, about mediation to clients before consider mediation as an alterna- • Provide an opportunity for par- starting the above cases. In addi- tive to court. While the act only ties to family law proceedings tion, greater proof of compliance contains 26 sections, it includes or proceedings under section with these duties is required by a number of changes that came 67A(3) or 117 of the Succession the courts following the intro- into effect from 22 January and Act 1965 to attend mediation duction of the new rules of court are immediately relevant to family information sessions, in relation to mediation, which law practice and procedure – espe- • Amend the Guardianship of came into effect in the District, cially in the circuit family court. Infants Act 1964, the Judicial Circuit and High Court as and Separation and Family Law from 22 January 2018. Mediation and mediator Reform Act 1989, and the Family The additional information Mediation is defined in section 2 Law (Divorce) Act 1996, and to that must be supplied by solicitors as “a confidential, facilitative and provide for related matters. relates to the confidentiality of voluntary process in which parties mediation agreements and their to a dispute, with the assistance The act contains principles in enforceability pursuant to section WHILE THE ACT of a mediator, attempt to reach a relation to the mediation process, 10 and 11 of the Mediation Act. ONLY CONTAINS mutually acceptable agreement to agreements to mediate, and the The level of proof of compli- resolve the dispute”. role of the mediator. Codes of ance by solicitors is increased 26 SECTIONS, A mediator is described as “a practice for the conduct of media- from the solicitor having to pro- person appointed under an agree- tions, including the conduct of vide a certificate of compliance IT INCLUDES ment to mediate to assist the par- mediators, must be published by with sections 5 and 6 of the Fam- A NUMBER OF ties to the agreement to reach a the minister “as soon as practi- ily Law Reform Act, or sections 6 mutually acceptable agreement to cable” and following submissions and 7 of the Family Law (Divorce) CHANGES THAT resolve the dispute the subject of by interested parties. Act and section 20 and 21 of the the agreement”. Although not specified as one Guardianship of Infants Act, with CAME INTO The Mediation Act is intended of the objectives of the act in the the obligation of now having to EFFECT FROM to: long title, one of the most practi- make a statutory declaration to • Facilitate the settlement of dis- cal effects is to increase the obliga- this effect. It is likely that both 22 JANUARY putes by mediation, tion on solicitors to inform clients these measures will increase the • Specify the principles applicable about mediation prior to the issue numbers of people using media- AND ARE to mediation, of civil proceedings. tion as an alternative to court, and IMMEDIATELY • Specify arrangements for medi- is to be welcomed. ation as an alternative to the Family law The new Circuit and High RELEVANT TO institution of civil proceedings The Mediation Act and the new Court rules contain new family or to the continuation of civil rules of court increase safeguards law statutory declaration forms. FAMILY LAW proceedings that have been to ensure that those intending These statutory declarations PRACTICE AND instituted, to issue proceedings pursuant to have replaced the old section • Provide for codes of practice to the Judicial Separation and Family 5/6/7 certificates for judicial PROCEDURE which mediators may subscribe, Law Reform Act 1989, the Family separation and divorce for pro- Law Society Gazette | gazette.ie ANALYSIS | NEWS IN DEPTH March 2018 29

ONE OF THE MOST PRACTICAL EFFECTS IS TO INCREASE THE OBLIGATION ON SOLICITORS TO INFORM CLIENTS ABOUT MEDIATION PRIOR TO THE ISSUE OF CIVIL PROCEEDINGS ceedings issued as and from 22 Other provisions ment reached, the terms of that siders it just, have regard to any January 2018. Family lawyers Other elements of the Mediation agreement. Any report must unreasonable refusal or failure will need to replace their section Act that will impact on family law- be given to the parties at least by a party to the proceedings 5/6/7 certificates with the new yers, but that are not exclusive to seven days before it is lodged in to consider using mediation statutory declarations as set out the area of family law include: the court by the mediator. and any unreasonable refusal in the rules of court. Information • A greater role for the courts in • Section 20 states, in relation or failure by a party to attend sessions on mediation for fam- directing mediation either on to mediation fees, that unless mediation following an invita- ily law and succession act mat- application of one of the par- otherwise ordered by the tion to do so, pursuant to sec- ters may be introduced by the ties or on its own initiative, court or otherwise agreed, the tion 16(1). minister pursuant to section 23 with any such applications by costs of mediation will be paid of the Mediation Act as part of a one of the parties to be made equally by the parties and “the While the act has been a long scheme following public consul- by notice of motion not more fees and costs of a mediation time coming, it was hoped that tation. Prior to the enactment of than 14 days before the hearing shall be reasonable and pro- there would be a more formal this legislation, there was some date – section 16(4). portionate to the importance system of regulation of mediators. discussion about requiring man- • Where the court directs media- and complexity of the issues However, the new act is a good datory attendance at information, it may order a mediator at stake and to the amount start to encouraging mediation tion sessions on mediation by to produce a report for the of work carried out by the of disputes, and it is to be hoped intending litigants prior to issue court that would state if media- mediator”. that it will result in earlier and of court proceedings in fam- tion did not take place, why • In awarding costs in relation to more cost-effective resolution of ily law matters, but this was not it did not take place, details proceedings where an applica- judicial separation, divorce, and included in the act as passed by of any mediation agreement tion was made to direct media- private child law cases in the com- the Oireachtas. reached, and, if some agree- tion, a court may, where it con- ing years. 30 March 2018 ANALYSIS | NEWS IN DEPTH Law Society Gazette | gazette.ie

‘GENIE OUT OF THE BOTTLE’ ON DATA, SAYS CHIEF JUSTICE

Ireland may become a GDPR battleground, since so much personal data lives in corporations that operate out of this country. This was just one of the topics raised at a seminar held at Blackhall Place recently. Mary Hallissey reports

MARY HALLISSEY IS A JOURNALIST WITH GAZETTE.IE

new GDPR-compliant to be a ‘judge data controller’ while data and IT might assist system set up for indi- responsible for material within in conducting litigation, they vidual barristers by the the judicial system, as well as might also cause difficulties. He BarA of Ireland will cost a whop- a process within the judiciary pointed out that putting a dys- ping €500,000, the Chief Jus- for defining materials that are functional system online would tice has said, adding that he is subject to, or exempt from, the not make it good, referring to concerned about the significant regulation. the vast amounts of paper cur- resources the looming legislation “We have to accept that the rently produced for many court will require. genie is out of the bottle. We hearings. The GDPR makes specific aren’t going back to an age Courts are the repository for a reference to data that is under when there aren’t vast amounts great deal of personal data, and the control of judges in the con- of information out there, elec- the risks of holding data online text of carrying out their judi- tronically stored,” Frank Clarke will become more acute in a cial function, he pointed out. declared at the ‘Litigation in the court context. Courts may have But while judges are exempt in data age’ seminar at Blackhall to become more creative in their their judging role from GDPR Place on 25 January. data requests, since there will be requirements, there would have The Chief Justice added that, pressure on foot of the GDPR

FOCAL POINT ACCOUNTABILITY The data protection commis- tive isn’t to hold back the of privacy policy meant that sioner, Helen Dixon, told the multiple benefits that techno- WhatsApp users had to con- WHILE, LEGALLY, seminar that the controllers logical developments, and the sent to data sharing with the and regulators still struggled use of personal data on a large social-media giant. THE PROTECTION to understand what was cov- scale, can bring to society as a The real value for Facebook ered by the concept and scope whole,” she said. in acquiring WhatsApp was in OF DATA IS A of personal data. But, she said, Data protection as a regula- its data and, had competition FUNDAMENTAL the new GDPR would deliver tory area was prone to seep- authorities had the foresight better outcomes as a more fit- age, she said, and competi- to recognise the potential RIGHT, NOT for-purpose, harmonised data tion concerns were infiltrating data monopoly at stake, this protection law for Europe that areas where data protection could easily have been prohib- EVERY BREACH placed accountability back on was without sufficient tools ited as a condition of merger OF DATA IS A the shoulders of organisations. to deal with such concerns. As approval. Facebook was subse- “It doesn’t aim to stymie an example, she mentioned quently fined €110 million for FUNDAMENTAL innovation and growth in the the acquisition by Facebook providing misleading informa- BREACH digital economy, and its objec- of WhatsApp, where a change tion to the EU Commission. Law Society Gazette | gazette.ie ANALYSIS | NEWS IN DEPTH March 2018 31

COURTS ARE GOING TO HAVE TO BECOME MORE CREATIVE ABOUT THE Chief Justice Frank Clarke WAY IN WHICH to limit the scope of discovery court order requiring compli- On the question of privacy ver- orders to what is absolutely nec- ance with a disclosure obliga- sus disclosure, Clarke said that a THEY CRAFT essary, he said. tion absolves you from any other corporation amenable to US law DISCLOSURE The nature of litigation is that adverse consequences.” might well be obliged to makes a lot of the information filed disclosures that were in breach OBLIGATIONS in our courts is personal data – Privacy versus disclosure of data protection legislation in sometimes extremely personal The Chief Justice continued: Europe. ‘SO THAT data – extending to third parties, “Maybe the corollary of that He flagged the fact that a lot CONFIDENTIAL he said. is that courts need to become of data lives in corporations that “There have been a number of more careful to ensure that they are registered in Ireland; there- INFORMATION decisions in the High Court over only require disclosure of docu- fore, this country could become a the last six or seven years, where mentation … that is necessary particular battleground for these THAT IS NOT the court has declined or post- and that greater use be made of issues. An Irish court could have ESSENTIAL TO poned discovery orders because redaction. Courts are going to little choice but to enforce Euro- compliance would require have to become more creative pean legislation. THE COURT revealing private information, about the way in which they craft He noted that, in the US, there not just of the party … but fre- disclosure obligations,” so that were companies that provided ‘big PROCESS quently about third parties. confidential information that is data’ predictors for the outcome REMAINS “Up to now, it has always been not essential to the court process of court cases. “The best of these regarded as a legal fact that a remains private. systems are … better than skilled PRIVATE’ BOOK NOW!

SPRING GALA 2018 SUPPORTING THE SOLICITORS’ BENEVOLENT ASSOCIATION Friday 27 April 2018 Shelbourne Hotel, Dublin.

MC: Miriam O’Callaghan Journalist, broadcaster and former solicitor

SPECIAL GUEST: Oliver Callan Star of ‘Callan’s Kicks’, Ireland’s top impressionist and satirist

The Law Society Spring Gala returns in 2018 with a new venue – the historic Shelbourne Hotel in the heart of Dublin. This black-tie dinner is the peak event for members of the profession that raises funds for the Solicitors’ Benevolent Association.

Table dinner package for 12 guests: €2,400. Individual dinner seats: €200 per person. To book your place, visit www.springgala.ie

Gala profits will be donated to the Solicitors’ Benevolent Association – a voluntary charitable organisation assisting members or former members of the solicitors’ profession in Ireland and their wives, husbands, widows, widowers, families and immediate dependants who are in need. Law Society Gazette | gazette.ie ANALYSIS | NEWS IN DEPTH March 2018 33

THE NEW GDPR WILL DELIVER BETTER OUTCOMES AS

Data Protection Commissioner Helen Dixon A MORE FIT- FOR-PURPOSE, HARMONISED DATA PROTECTION LAW FOR EUROPE THAT PLACES ACCOUNTABILITY BACK ON THE SHOULDERS OF ORGANISATIONS Ann Henry, Chief Justice Frank Clarke, Helen Dixon and Cian Ferriter lawyers!” he said, adding that the Senior counsel Cian Ferriter sense would prevail. If breaches tional data breach of a supermarket sheer volume of US cases meant pointed out that while, legally, the were technical or minor, no dam- loyalty scheme, which could give that algorithms could give reason- protection of data is a fundamen- ages should ensue. Under GDPR, rise to a snowball of claims that ably good predictions. tal right, not every breach of data penalties for breaches could run could result in an alarming level of Solicitor Ann Henry pointed out is a fundamental breach. This will to up to 4% of global turnover. damages to the business were each that, in Ireland, we have a dispro- become a theme in the practical “Interesting questions will claimant able to show that they had portionate number of global tech roll-out over the next five to ten arise in this jurisdiction, particu- suffered non-material damage, and companies that are of systemic years of the various protections larly if it is the sole remaining was therefore entitled, as a matter importance in the area of data. provided for in the GDPR, he common law jurisdiction [in the of law, to compensation. This, combined with the fact suggested, particularly in terms EU], where we socially, culturally He questioned whether Ire- that, in 2019, Ireland will become of damages. Tensions would flow and legally, have quite a different land ran the risk of potential ‘de- the only English-speaking com- from vindicating the privacy right, approach to giving people dam- harmonisation’ with other EU mon law jurisdiction in Europe, while also striking an appropri- ages for a breach of their rights member states if we became an means that there is a renewed ate balance in the protection of than, perhaps, obtains in certain outlier in giving more generous interest in how we undertake liti- competing interests, he said. Ulti- civil law jurisdictions.” damages compared with our EU gation here. mately, he believed that common He gave the example of a fic- counterparts. 34 March 2018 COMMENT | VIEWPOINT Law Society Gazette | gazette.ie

IS THE FAMILY HOME PROTECTION ACT FIT FOR PURPOSE?

The Family Home Protection Act 1976 gave married women a prior right of prohibition on the sale or mortgage of the ‘family home’. John Garaghy assesses whether the legislation has lived up to its objectives

JOHN GARAGHY IS A RETIRED SOLICITOR STUDYING FOR A MASTER’S IN MODERN IRISH HISTORY AT TCD

he Family Home Protection the then finance minister Charles was balanced by Taoiseach Liam Act 1976 comprises one Haughey, with the brief “to exam- Cosgrave voting against his own element of the social legis- ine and report on the status of government’s bill to legalise con- Tlation, beginning in the 1960s and women in Irish society, to make traception. extending to the 1970s, that trans- recommendations on the steps Married women became enti- formed the position of women by necessary to ensure the participa- tled to receive children’s allow- vesting legal rights of succession, tion of women on equal terms and ance in their own right in 1973. maintenance, guardianship and conditions with men”. The lobby groups continued to barring orders. As a result of the The chairman was Dr Thelka articulate, and judicial review was act, married women were granted Beere, first woman secretary gen- utilised to advance women’s rights, a prior right of prohibition on the eral of a government department. leading to the McGee decision on sale or mortgage of the ‘family The commission made recom- contraception and the De Burca home’. mendations, including equal pay, decision on women jurors. The common law dictum that and in particular recommendation the husband and wife are one per- 36(ii), namely: “neither spouse Legal flabbiness son in law was unacceptable to should have the power to dispose Against this backdrop, and in com- cohorts of women in the 1950s. of the matrimonial home without pliance with their election mani- The Irish Housewives’ Associa- prior consultation with the other festo, the government introduced tion, founded in 1942, advocated spouse”. the Family Law (Maintenance of for significant amelioration for Ireland was an applicant for Spouses and Children) Bill to enable women from such restrictions, with membership of the then European spouses to seek reliefs from each THE ACT HAS four candidates in the 1957 general Economic Community (EEC), other. There was a difficulty with BEEN EFFECTIVE election. which was an imperative to effect the concept of barring orders, There were other effective change in the legal position of which resulted in a delay of almost IN PROTECTING women’s groups formed in the women. The equal pay issue was two years, prior to enactment. 1960s, including Action Informa- accelerated at the request of the The 1976 act became the ben- SPOUSES AND tion Motivation, founded by Nuala government once the application eficiary – it passed in two weeks, CHILDREN Fennell, later minister for state to the EEC for a derogation was with support from all parties. for women’s affairs and family law refused. The referendum authoris- The bill was proposed by then FROM RASH (1982-87); the Women’s Libera- ing accession was passed on 10 justice minister Paddy Cooney, tion Movement in 1968, emanating May 1972, with membership com- who referred to the beneficiaries OR VINDICTIVE from the 50th anniversary of women mencing on 1 January 1973. as “wives and children” – not the SPOUSES, AND acquiring the vote; and others, who The 1973 general election saw gender neutral ‘spouse’ used in the critically coalesced to lobby for the Fianna Fáil, which had been in act. He was joined by all speakers HAS BEEN legal advancement of women. government since 1954, being in the same characterisation. The PROACTIVE IN replaced by a Fine Gael/Labour primary purpose, he stated, “was Terms and conditions coalition. This government was to prevent a vindictive spouse ENABLING JOINT The most significant effect was the characterised as being more liberal from selling the family home 1970 formation of the Commis- than the outgoing one. Its record without reference to the wife”. OWNERSHIP sion on the Status of Women by of social legislation was good, and The other speakers, David Law Society Gazette | gazette.ie COMMENT | VIEWPOINT March 2018 35

THE ACT CONTINUES TO BE AN ACTIVE AGENCY FOR MARRIED COUPLES, PROVIDING A COST-EFFECTIVE REMEDY TO ACHIEVE PARITY ‘Shields to maximum’ OF ESTEEM

Andrews (FF), John Esmonde tion fees. To ascertain if the act – not based on tenure or contract. tive spouses and has been proac- (FG), and Eileen Desmond retains currency, I requested the While the act has been criti- tive in enabling joint ownership. (Labour), adopted similar lan- Property Registration Authority cised by feminist scholars in con- The act benefited from judicial guage in their support. David to provide the numbers of family ferring a ‘beneficiary’ rather than interpretation in 2016, by Hogan Andrews was prescient in con- home transfers. These figures are a ‘statutory’ right, it has been J in Muinter Skibbereen Credit tending that the bill suffered the first such compilation, as the effective in protecting spouses Union v Crowley and Muinter from “legal flabbiness”, which is body did not previously isolate and children from rash or vindic- Skibbereen Credit Union v Hamil- confirmed by the volume of liti- such transfers from their general ton ([2016] IECA 213). In these gation that ensued. intake. They do not include Reg- two cases, a credit union sought The act became operative istry of Deeds applications, and YEAR NUMBER the sale of two family homes on 12 July 1976 and became an are from 2002, the date of com- 2002 3,512 to recover commercial debts integral part of conveyancing puterisation of the records. 2003 4,043 incurred by husbands, without practice, with hazard for solicitors The figures for the years 2002- 2004 4,644 the consent of both spouses. because of the absolutist require- 16 (right), demonstrate the decline 2005 4,979 The objective of the 1976 act ment to obtain the prior consent in transfers, probably due to the 2006 4,594 would have been seriously com- of the non-owning spouse, which age cohort, referencing a cultural 2007 4,411 promised if the family home that has caused mischief, leading to change in the 1970s in respect of 2008 4,977 a couple co-owned could, effec- suggestions that there should be a joint ownership of family homes. 2009 4,747 tively, have been sold by court facility for retrospective consent The act continues to be an active 2010 4,401 order over the heads of the wives under a ‘slip rule’. procedure for married couples, 2011 3,922 in the cases referred to above, providing a cost-effective remedy 2012 2,795 given that they had no involve- Continuing relevance to achieve parity of esteem. 2013 2,118 ment in the business affairs of Section 14 of the act provided Ireland remains unique in 2014 1,601 their respective husbands and, an incentive to spouses to vest common law jurisdictions in vest- 2015 1,612 critically, where they had never the family home in joint names ing a prior consent power, where 2016 1,632 been given a prior opportunity by exempting the transaction the power is conferred by the to consent to such loan transac- from stamp duty and registra- relationship between the parties TOTAL 53,988 tions. 36 March 2018 COVER STORY Law Society Gazette | gazette.ie

A case of the bends The registration of a lis pendens is increasingly being used by lay litigants/ defaulting borrowers to bend the law and frustrate the sale of charged property. Pamela Fitzpatrick comes up for air

PAMELA FITZPATRICK IS A SOLICITOR IN THE INSOLVENCY AND COMMERCIAL LITIGATION DEPARTMENT OF MCDOWELL PURCELL SOLICITORS Law Society Gazette | gazette.ie COVER STORY March 2018 37 38 March 2018 COVER STORY Law Society Gazette | gazette.ie

is pendens’ is the Latin term ultimately reduce its value or affect the ‘L for ‘litigation pending’. It is a AT A GLANCE interest of the registered owner. burden that can be registered Potential purchasers will be reluctant to against land in circumstances where n A lis pendens puts potential proceed with a sale when they discover that there is ongoing litigation in relation purchasers and third parties on notice a lis pendens is registered. Certainly a prudent to an interest or estate in the land in that there is ongoing litigation over a solicitor is unlikely to allow a client to question. A lis pendens can be registered property that could ultimately reduce purchase property so effected. in respect of litigation in both the Circuit its value or affect the interest of the A lis pendens almost always has the effect of Court and the High Court. registered owner preventing the person holding the property The registration of a lis pendens n Potential purchasers will be reluctant from selling in the normal way. will seriously restrict the manner in which to proceed with a sale when they the land in question can be dealt with. The discover that a lis pendens is Abuse of process purpose of the registration is to put any registered. The registration of a lis pendens is increasingly third party on notice that there is ongoing n A lis pendens almost always has being used by lay litigants/defaulting litigation in relation to the property, and that the effect of preventing the person borrowers to frustrate the sale of charged this litigation may have an effect on the value holding the property from selling in property. of the property. the normal way The registration of a lis pendens may be There is a growing concern from both completed with no input from solicitors or solicitors and insolvency practitioners in counsel and no requirement to obtain leave relation to the lis pendens process – and its The registration of a lis pendens can be easily of court. Applications are increasingly lodged abuse, particularly by lay litigants. done, and there is no necessity to obtain leave in the High Court Central Office relying Section 121 of the Land and Conveyancing from the court. An application is lodged in on a summons or civil bill containing a Law Reform Act 2009 provides, among other the High Court Central Office. There are very limited and badly drafted indorsement things, for the registration of a lis pendens. minimal costs involved, and the effect of of claim. The proceedings themselves are The section further provides that the Central such a registration can be far reaching for the often not pursued at all, and the summons Office of the High Court shall keep a register parties involved. is evidently only prepared to effect the of lis pendens affecting land. registration of the lis pendens. Order 72A of the Rules of the Superior Effect of registration Courts sets out the procedure for the A lis pendens puts potential purchasers Steps required to vacate registration of a lis pendens. It also sets out and third parties on notice that there is In contrast to the straightforward application the requirements to have a lis pendens ongoing litigation over a property that could to register a lis pendens, the procedure vacated. to vacate is relatively onerous (unless on Section 1 of the information booklet on consent). An application on notice must registering a lis pendens in the High Court be brought before the court. In such an provides that the following documentation application, one of the issues that the court must be lodged in the Judgments Section of will consider is whether the criteria stipulated the Central Office in order to register a lis for the registration of the lis pendens under the pendens: Land and Conveyancing Law Reform Act 2009 • Form 31 in Appendix C of SI 149/2010 (€25 were complied with. It must be noted that stamp duty is required on this document), these criteria are not considered at the actual • A duplicate copy of the above form (no time of registration. stamp duty required), Because of this imbalance between • A copy of the originating document (that is, registering and vacating a lis pendens, it is summons or civil bill), often the case that the process is abused by • A Form 64 of the Property Registration an aggrieved borrower for the purpose of Authority rules is lodged if notification frustrating the sale of a property by a receiver. on the folio in the Property Registration As a consequence, receivers often find Authority is required (pursuant to rule 128 themselves in the invidious position of having of the Property Registration Authority to seek injunctive relief from the court rules), pursuant to section 123 of the 2009 act. • If the property is Registry of Deeds, a Such a motion must be filed, return date Form 16 must be lodged in the Property obtained, and the various notice parties Registration Authority. Liz, pending served. This, of course, includes the party Law Society Gazette | gazette.ie COVER STORY March 2018 39

BECAUSE OF THIS IMBALANCE BETWEEN REGISTERING AND VACATING A LIS PENDENS, IT IS OFTEN THE CASE THAT THE PROCESS IS ABUSED BY AN AGGRIEVED BORROWER FOR THE PURPOSE OF FRUSTRATING THE SALE OF A PROPERTY BY A RECEIVER

who registered the lis pendens in the first place. a lis pendens on the property in an attempt grounds. Equally, the legitimate interests Notice parties will immediately file replying to frustrate the receiver’s ability to sell it. of parties with an interest in land must be affidavits, causing the initial return date to be As soon as the receiver became aware of the protected. adjourned a number of times before a hearing proceedings, he immediately issued a motion The problem is that a lis pendens can be date is ultimately obtained. The time and in the High Court and was successful in obtained with almost no scrutiny of the expense incurred needlessly is considerable. having the proceedings dismissed, as they application at all, and the time and expense to Even where a receiver successfully applies were deemed to be an “abuse of process”. This vacate it is grossly disproportionate. to court to release the lis pendens, another decision was upheld by the Court of Appeal. An obvious middle ground would be that is often registered immediately thereafter, When a lis pendens is registered based on any application to register a lis pendens should without any requirement for court approval. unsustainable grounds, the affected party has include a motion for directions, which must an entitlement to apply to set it aside, but be served upon the relevant notice parties Recent case law considerably more time, effort and cost is before the return date. The lis pendens could There has been recent case law (Kelly & involved in the court application to set a lis be effective from the date of filing, protecting O’Kelly v IBRC and O’Connor v Cotter) where pendens aside. the genuine interests of an applicant, but the courts have held that, where a party that In Tola Capital Management LLC v Joseph only confirmed by court order, protecting the registered a lis pendens is unable to definitively Linders and Patrick Linders (No 2), the High interests of the notice parties. establish a proprietary interest in the Court stated that, in order to come within the All parties’ interests are thus acknowledged property, this amounts to an absence of bona statutory definition, a party seeking to register and protected. fides and, accordingly, the lis pendens should a lis pendens has to establish that: be lifted. • The plaintiff is claiming a proprietary In Kelly, the Supreme Court – in upholding interest in land, the judgment of the High Court – commented • The defendant has an estate or interest in LOOK IT UP that it is important that, in the interests of the land in which the plaintiff is claiming an CASES: justice, a party is entitled to register a lis estate or interest, and n Kelly & Anor v Irish Bank Resolution pendens where appropriate and justified, and • The proceedings themselves make a claim Corporation Limited [2012] IEHC that it is not discreditable to do so. to a proprietary estate or interest in the said 401 The O’Connor decision arose on foot of lands. n O’Connor v Cotter & Anor [2017] various sets of proceedings involving the IECA 25 plaintiff, Mr O’Connor. In 2012, Bank Therefore, if the proceedings pursuant to n Tola Capital Management LLC v of Scotland obtained a judgment against which a lis pendens has been registered are Joseph Linders and Patrick Linders O’Connor in excess of €7.5 million relating to not being prosecuted bona fide, then, in such (No 2) [2014] IEHC 324 a property loan. O’Connor, at the same time, circumstances, a court should grant an order instituted proceedings against the bank and to have the lis pendens vacated. LEGISLATION: registered a lis pendens on the property that n Land and Conveyancing Law Reform was the subject of the bank’s proceedings. The Middle ground Act 2009 lis pendens was subsequently removed by order It is becoming apparent that there is a n Rules of the Superior Courts of the High Court. requirement for the registration process of a Shortly thereafter, O’Connor instituted lis pendens to be reviewed. LITERATURE: fresh proceedings challenging the It is clear from the case law that the court n Registering a lis pendens in the High appointment of a receiver by the bank. He will not permit a lis pendens to be used as an Court did not serve the proceedings, but registered attempt to frustrate a sale on unsustainable 40 March 2018 DATA PROTECTION Law Society Gazette | gazette.ie

Trust issues The GDPR has significant implications for those who handle personal data, including employers, trustees and pension scheme service providers. Jane McKeever and Deirdre Kilroy focus on the increased obligations of pension scheme trustees

JANE MCKEEVER IS A SENIOR ASSOCIATE IN MATHESON’S EMPLOYMENT, PENSIONS AND BENEFITS GROUP AND IS A MEMBER OF THE LAW SOCIETY’S PENSIONS SUBCOMMITTEE. DEIRDRE KILROY IS A PARTNER IN MATHESON’S TECHNOLOGY AND INNOVATION GROUP

he General Data Protection Regulation required to comply with the fundamental principles of data (GDPR) will largely replace existing data protection, including (but not limited to) obtaining and protection legislation in Ireland. It will come processing personal data fairly, keeping it safe and secure, and into effect in each member state of the EU ensuring that it is adequate, relevant and not excessive. on 25 May 2018. Although it is intended to harmonise the approach taken to data protection across the What’s changing? EU, the GDPR allows scope for supplemental member state The GDPR builds on many of the existing data protection legislation to be enacted at the national level, and the Data principles. In terms of what’s new, it introduces the concept Protection Bill 2018 has of data privacy “by design and by default”. The GDPR will now been published. require trustees, as data controllers, to consider data protection Data protection legislation exists to protect the privacy when data systems relating to the scheme are used to process rights of individuals in relation to data. Trustees will also be expected to their personal data. In Ireland, data implement systems that are designed, protection legislation is currently AT A GLANCE by default, to ensure that data can only principally contained in the Data n As data controllers, pension trustees be processed in accordance with the Protection Acts 1988 and 2003, as are required to comply with the GDPR data principles. amended (the DPA). fundamental principles of data There is also an increased emphasis Occupational pension schemes in protection, including obtaining and on transparency and accountability, Ireland are established under trust. processing personal data fairly, which are each fundamental GDPR The way in which pension schemes keeping it safe and secure, and concepts. This forms part of the are operated requires the trustees of ensuring that it is adequate, relevant increased effort being made to those schemes to collect and store and not excessive ensure that both data controllers and high volumes of personal data, making n The GDPR will require trustees to processors are accountable for, and can them data controllers for the purposes consider data protection when data demonstrate compliance with, their of the DPA. Although the processing systems relating to the scheme are obligations under the GDPR. of members’ personal data is often used to process data For pension schemes (and other carried out by third parties – such as n Trustees will also be expected to organisations), the GDPR introduces professional administrators, advisors implement systems that are designed significant changes and enhancements and consultants – scheme trustees to ensure that data can only be to current data protection rights remain primarily responsible for processed in accordance with the for data subjects, as well as compliance with the DPA. GDPR principles additional requirements for trustees, As data controllers, trustees are administrators and other service Law Society Gazette | gazette.ie DATA PROTECTION March 2018 41

providers to pension schemes. In particular, in a commonly used format. Currently, when personal data is being trustees should be aware of the issues The GDPR also makes it easier for collected, the DPA requires data controllers highlighted below. individuals to make a claim against a data to provide certain information to the data controller where their right to data privacy subjects. Strengthening rights is infringed and, significantly, provides for Additional obligations arise under the The GDPR provides for some new rights a right for data subjects who suffer non- GDPR in relation to the information to be for individuals, including the right ‘to be financial loss as a result of an infringement provided to the data subjects (usually the forgotten’ (that is, to have their data deleted) to sue for compensation. There is also a new members, but they may be other scheme in certain circumstances. Individuals will ‘class action’ type of legal action given to beneficiaries), including obligations to also gain a limited right to data portability, the data subject. These new rights represent provide: which is a right to have certain personal data significant changes to the current position • Details of the legal basis under which data relating to them transmitted to another party under Irish law. is being processed,

FOR PENSION SCHEMES (AND OTHER ORGANISATIONS), THE GDPR INTRODUCES SIGNIFICANT CHANGES AND ENHANCEMENTS TO CURRENT DATA PROTECTION RIGHTS FOR DATA SUBJECTS, AS WELL AS ADDITIONAL REQUIREMENTS 42 March 2018 DATA PROTECTION Law Society Gazette | gazette.ie

• Details in relation to how long data will be are met and the rights of data subjects are retained, and protected. Trustees will also have a role • Details in relation to international in ensuring ongoing compliance by those transfers. processors. Linked to this are additional requirements One way of communicating this information in relation to processing contracts, which to data subjects is by way of a data privacy will necessitate a review of all processing notice. Communications with data subjects are Bill arrangements currently in place (including, required to be made in a transparent manner in particular, administration agreements and must be in concise, clear and plain ‘Data Protection’ Bill: “Not on my watch!” and service level agreements) to ensure language. Given the amount of information that all newly mandated provisions are required to be given to data subjects now, relating to health, sexual orientation, and incorporated. For most pension schemes, it keeping notices concise can be a challenge. racial or ethnic origin, amongst other things. is likely that a significant amount of work The Data Protection Bill 2018 provides for will be required to ensure existing processor Consent requirements a new lawful processing ground that, if arrangements are GDPR compliant. Under the GDPR, data processing may enacted, will be of assistance to trustees. only occur after an appropriate legal basis Subject to certain restrictions, the bill Data processor requirements for such processing has been identified by a explicitly permits data concerning health Trustees remain responsible for data controller. to be processed for pension and insurance protection compliance even where The GDPR clarifies and extends the purposes (including for a policy of life processing is outsourced. Under the GDPR, conditions to be met where consent is assurance, an occupational pension scheme, however, data processors have additional relied on as a condition for processing. retirement annuity contract, or other direct statutory obligations (including the For example, in order to be valid, consent pension arrangement) where the processing obligation to maintain records of processing must be an unambiguous indication of the is necessary and proportionate. activities) and will also be directly liable to individual’s wishes (passive consent will not data subjects where they do not comply with be acceptable). As well as this, consent may Data breach obligations their obligations. be withdrawn at any time. With certain limited exceptions, under Trustees should be aware that mechanisms The new requirements with respect to the GDPR, trustees will be required to are provided for within the GDPR for obtaining and maintaining valid consent notify data breaches to the Data Protection apportionment of liability between data will not be practical for trustees to comply Commission without undue delay and, controllers and data processors with respect with. Therefore it would make sense for the where possible, within 72 hours of to claims by data subjects arising out of trustees of pension schemes to find one or awareness. Failure to notify in accordance an infringement of the GDPR. Careful more alternative legal bases for processing. with the GDPR carries a separate sanction consideration will be required as to how This might be compliance with a statutory to the breach itself. If a breach creates a high liability apportionment should be dealt with obligation or legitimate interests (that is, the risk for individuals, then the trustees will be in any contracts between trustees and service processing of personal data is required for required to notify the relevant individuals providers. the proper operation and administration of without undue delay. the pension scheme). Impact assessments Notwithstanding these alternative legal Choosing data processors The GDPR provides for data protection bases for processing, explicit consent to Trustees, as data controllers, will be impact assessments (PIAs). A PIA can be processing may still be required where required to enter into arrangements only described as the process of systematically special categories of data are being with data processors that can provide considering the potential impact that a processed. Trustees will inevitably process sufficient guarantees to implement project or initiative might have on the ‘special categories’ of personal data, which appropriate measures and procedures in privacy of individuals, with the aim of is a defined category of data in the GDPR such a way that the GDPR requirements identifying potential issues before they arise

THERE APPEARS TO BE POTENTIAL FOR THE TURNOVER OF THE EMPLOYER TO BE OF RELEVANCE WHEN THE LEVEL OF A FINE APPLICABLE TO PENSION SCHEME TRUSTEES IS BEING DETERMINED Law Society Gazette | gazette.ie DATA PROTECTION March 2018 43

FOR MOST PENSION SCHEMES, IT IS LIKELY THAT A SIGNIFICANT AMOUNT OF WORK WILL BE REQUIRED TO ENSURE EXISTING PROCESSOR ARRANGEMENTS ARE GDPR COMPLIANT

and addressing them. Such assessments will potential for the turnover of the employer liability from the employer. Trustees should be mandatory where the processing activities (or the employer’s group) to be of relevance take action now to consider what steps to be carried out result in high risks to the when the level of a fine applicable to pension they need to take in advance of the GDPR privacy rights of data subjects. scheme trustees is being determined. We becoming effective. The maximum fine for a breach of are hopeful that this matter will be clarified certain provisions will be increased to 4% through appropriate guidance in due course. of worldwide turnover or €20 million, Achieving compliance with the GDPR and whichever is higher (the seriousness of the related national laws will take a significant LOOK IT UP infringement affects the level of fine levied). amount of forward planning and work on Trustees and employers should be aware that the part of pension scheme trustees. While LEGISLATION: the GDPR does not specifically provide for trustees should consult with employers in n Data Protection Acts 1988 and 2003 the manner of determining the level of fine relation to GDPR planning, they should n Data Protection Bill 2018 that may be levied against pension scheme keep in mind that they are data controllers n General Data Protection Regulation trustees. As things stand, there appears to be and have separate responsibilities and

Dublin Dispute Resolution Centre Ireland’s Premier Dispute Resolution Venue

• Arbitrations www.psr.ie Lo-Call: 1890-252712 • Mediations • Conciliations Important information for tenants of commercial leases

• Consultations Has your client taken out a commercial lease? • Seminars Such as a lease on a business property, shop unit, a factory or • Training a piece of land?

As the tenant of a commercial lease, your client is legally required to register details of the commercial lease with the Property Services Regulatory Authority – PSRA. You should be aware that most agricultural leases are included in this requirement as are leases that have expired or have been surrendered.

If your client has received a stamped certificate from the Rev- enue Commissioners relating to a commercial lease, as the tenant your client must register that lease with the PRSA within Dublin Dispute 30 days. Resolution Centre Details of the commercial lease can be registered online CONTACT US at www.psr.ie Distillery Building, 145-151 Church Street, Dublin 7, Ireland Tel: +353 (1) 817 5277 Email: [email protected] It is an offence not to! 44 March 2018 CRIMINAL LAW Law Society Gazette | gazette.ie

Sword of Damocles Section 99 of the Criminal Justice Act 2006 put the suspended sentence on a statutory footing for the first time. Tom Conlon analyses the relevant legislation and case law, and its development and problems

TOM CONLON IS A SOLICITOR AT THE OFFICE OF THE DPP. THIS ARTICLE REFLECTS HIS OWN VIEWS AND NOT NECESSARILY THOSE OF THE OFFICE OF THE DPP

Damocles’ sword, guaranteed Irish” is how Judge David Riordan’s thesis on suspended sentences Prof Osborough described the common law suggested that the suspended sentence serves one or more of on suspended sentencing back in 1982. In five purposes: the nine years since the commencement of • It is a means of avoiding an immediate custodial sentence, section 99 of the Criminal Justice Act 2006, • It serves as a denunciation of the accused’s behaviour, ‘‘ it has been described, in comparison, as a • It is a controlling and rehabilitative device, worthy criminal • It has a deterrent effect on the litigation ‘rival’ of individual offender, and the consistently • It can serve as part of a crime contested drink-driving legislation. AT A GLANCE prevention strategy focused on Section 99 put the suspended particular types of crime. n Suspended sentences and section sentence on a statutory footing 99 of the Criminal Justice Act for the first time. It also dealt with Following commencement back in n Relevant case law such issues as the conditions to be October 2006, some questions were n The Criminal Justice (Suspended attached to the sentence and the Sentences of Imprisonment) Act being posed. What was the position circumstances in which it could be 2017 with a person, during the period of revoked. suspension, being convicted of an Law Society Gazette | gazette.ie CRIMINAL LAW March 2018 45 PIC: REX FEATURES 46 March 2018 CRIMINAL LAW Law Society Gazette | gazette.ie

offence committed before the order of to the next sitting of Dublin Circuit the District Court and have an outcome suspension? What allowance was to be Criminal Court. The learned district judge pronounced prior to any hearing in the made as to a period spent in custody for has convicted but not yet sentenced the Dublin Circuit Criminal Court.” the ‘triggering’ offence when revocation applicant.” The court went on to hold as follows: was being considered? Finally, how was “I am persuaded that, notwithstanding the ‘revocation court’ to remand a person The problem with remands the presumption of constitutionality that on bail or in custody to the ‘triggering O’Donnell J commented, in DPP v Carter: exists in relation to enactments, and the offence’ court to secure the individual’s “I am not convinced that the sequence the regard and respect that Courts must show attendance before that court, and allow act adopts of making the sentencing court to enactments of the Oireachtas, the that court to impose sentence for the halt its sentence process and remit the matter subsections under review of section 99 fall to offence committed subsequent to the to the suspended court is the wisest or most be viewed as unconstitutional in the context suspended sentence? logical course. The sentencing for the current of the facts reviewed and the arguments Within a year of commencement, offence should arguably be concluded before made.” subsections 9 and 10 were amended and the business of remittal and reactivation is a completely new subsection 10A was addressed.” Habeas corpus inserted. Further amendments were The Supreme Court finally held in Carter Soon after subsections 99(9) and (10) required in 2009 to section 99(9). that the District Court had no jurisdiction of the 2006 act were determined to be Further problems were encountered, to deal with the revocation of the suspended unconstitutional, article 40 applications and judicial reviews were activated by a sentence, as the order made by the court were made by a number of applicants, number of applicants. Leave was granted under section 99(9) was not valid, on the basis including Clarke v Governor of Mountjoy and by the High Court in turn to the following that the defendant has not been remanded to Anthony Foley. In Clarke, Judge Birmingham applicants: Colin Harvey, Maria Muntean, the ‘next sitting’ of the District Court that delivered judgment in the Court of Appeal and Anthony Sharlott. had imposed the suspended sentence. on 28 July 2016 with Judge Edwards and DPP v Murray was a consultative case Sheehan. The application in Clarke was an The problem with appeals stated by District Judge Constantine O’Leary, appeal from a decision of the High Court In Sharlott, the applicant raised two issues who sought the opinion of the High Court (McDermott J) in refusing the applicant – namely, the jurisdiction to remand the on the following question: did the power an order directing his release pursuant to matter back to the Circuit Court under of the District Court at common law to article 40 of the Constitution. section 99(9) from the District Court suspend sentences of imprisonment survive In Foley, the High Court also noted that and, alternatively, if the remand order was the enactment of section 99 of the Criminal the applicant had pleaded guilty to the lawful, should it have been made subject to Justice Act 2006, as amended? District Court offences, and the decision in a stay pending the outcome of the District O’Malley J concluded that it did not: “In Clarke was applied. Court appeal? Finally, whether the right to these circumstances, there is no scope for a fair procedures mandated the High Court ‘parallel jurisdiction’ to be operated outside Recent developments to stay the procedure in the Circuit Court the statute. I will therefore answer the In Collins v DPP, the applicant objected to under section 99(9) until after the District question posed in the negative.” the suspension of his sentence for a period Court appeal had been finalised. On 19 April 2016, Judge Moriarty longer than the sentence itself. Barret J held Hanna J acknowledged the mandatory delivered judgment in the case of Moore. that “it is clear from Vajeuskis that, when it nature of section 99(9): “The terms of Moriarty J summarised the point being made comes to the act of 2006, the learned Circuit section 99(9) of the act of 2006, in my by each of the plaintiffs: “In what was to Court judge was not confined to imposing a view, are mandatory on the learned district become a constant argument in similar cases, maximum two year suspension”. judge. With or without any application, it was submitted on behalf of Mr Moore In People (DPP) v AS, the Court of Appeal she was bound to remand the applicant that he wished to appeal the conviction in held that a suspended sentence cannot be

IT CAN BE ARGUED THE 2017 ACT HAS GONE BACK TO THE PRE-2007 POSITION TO GET AROUND THE MOORE PROBLEM – THAT IS, THE DEFENDANT WILL BE BOTH CONVICTED AND SENTENCED FOR THE TRIGGERING OFFENCE BEFORE THE ACTIVATION OF THE ORIGINAL SUSPENDED OFFENCE OCCURS Law Society Gazette | gazette.ie CRIMINAL LAW March 2018 47

THE COURT OF APPEAL HELD THAT A SUSPENDED SENTENCE CANNOT BE IMPOSED ON A CHILD AT ALL, AS IT ONLY APPLIES TO SENTENCES OF IMPRISONMENT AND NOT DETENTION

imposed on a child at all, as it only applies addressed by the new act: for the various administrators of justice, to sentences of imprisonment and not • Currently, when an appeal court imposes notwithstanding the best endeavours of the detention. Edwards J had particular regard a suspended sentence, a revocation 2017 act. to other provisions in the Children Act, hearing is conducted by that court. including section 144(9), which provides for This can cause difficulties in seeking to a limited suspension of a detention order. prosecute a section 99(12) appeal against The Criminal Justice (Suspended Sentences the revocation order. Under section LOOK IT UP of Imprisonment) Act 2017 was enacted in 99(22), the revocation is brought before response to the decision in Moore. The act the court at first instance. This means the CASES: will be commenced on 9 April 2018. case is sent to the lower court and not the n Clarke v Governor of Mountjoy According to paragraph 8.04 of the Law appellate court. Previously section 99(13) Prison [2016] IECA 244 Reform Commission paper on suspended could only be sought on the application n Collins v DPP [2017] IEHC 779 sentences in relation to the 2017 act: of a garda or a probation officer. Section n DPP v Carter, DPP v Kenny [2015] “Where a person subject to a suspended 99(13A) provides this can now also be IESC 20; unreported Supreme Court sentence has committed a subsequent applied for by the DPP. n DPP v Murray [2015] IEHC 782 offence, the activation process for the • The court can send a copy of a section n DPP v Vajeuskis [2014] IEHC 265 original offence will not occur until after 99 order to the gardaí and prison n Foley v Governor of Portlaoise the individual has been sentenced for the electronically. Prison [2016] IECA 411 subsequent offence and, should he or she • Under section 99(18A), the court is given n Harvey v Leonard & DPP [2008] wish to appeal, after the appeals process a new power to ‘re-suspend’ the part of IEHC 209 for the subsequent offence has been fully the original suspended sentence that was n Moore v DPP and others [2016] exhausted.” not revoked. IEHC 244 n Muntean v Hamill & DPP [2010] Back to the future? The Law Reform Commission paper IEHC 391 It can be argued the 2017 act has gone back comments that there has been a decrease n People (DPP) v AS (Court of Appeal) to the pre-2007 position to get around the in the use of the suspended sentence. n Sharlott v Collins [2010] IEHC 482; Moore problem – that is, the defendant will Notwithstanding the 2017 act, the unreported High Court, Hanna J be both convicted and sentenced for the commission cites further problems, with triggering offence before the activation persons committed to prison following LEGISLATION: of the original suspended offence occurs. the activation of a suspended sentence in n Criminal Justice Act 2006 Furthermore, rather than the ‘next sitting’ the Circuit Court having no right to bail n Criminal Justice (Suspended of the court (to overcome Carter problems), pending the determination of the Court of Sentences of Imprisonment) Act it is any sitting scheduled in the next 15 days Appeal. The suspended sentence will usually 2017 or the next sitting thereafter. Previously, the be served by the time the appeal is heard. offence and conviction both had to occur Furthermore, the operational period of the LITERATURE: within the currency of the bond to trigger suspended sentence remains without limit, as n Law Reform Commission, Issues revocation. Now, revocation applies to a per Vajeuskis and Collins. Paper: Suspended Sentences (LRC conviction of a person – if proceedings for For practitioners, the judiciary, and court IP 12-2017) the offence are instituted during the period administrators alike, the difficulty in the n Osborough, WN (1982), ‘A of the suspension or within 12 months of implementation of suspended sentences Damocles’ Sword Guaranteed Irish’, the expiry of the bond. The court hearing is bringing the relevant court(s), judge(s), Irish Jurist, vol 17, no 2 the revocation hearing can adjourn for such prosecutor(s), and defendant(s) together at n Riordan, D (2009), The Role of the period as the court considers appropriate, the appropriate time, sitting, and place, and Community Service Order and the to allow the defendant exercise his rights maintaining jurisdiction for the purposes Suspended Sentence in Ireland: A of appeal against the conviction for the of proper finalisation of the defendant’s Judicial Perspective (PhD thesis, triggering offence. criminal litigation. UCC) A number of other issues have been This shall remain a continuing challenge 48 March 2018 TORT Law Society Gazette | gazette.ie

Body language

Reduced awards for pain and suffering are inevitable. The only questions are by how much and when. David Mulligan looks at gathering economic-loss evidence

DAVID MULLIGAN IS A SENIOR ASSOCIATE WITH TURNER FREEMAN LAWYERS, BRISBANE, AUSTRALIA. HE WAS FIRST ADMITTED IN IRELAND.

n January 2017, the Department of Finance published Notwithstanding that the Book of Quantum has recently its Report on the Cost of Motor Insurance. That report been updated, it will be surprising if the reforms do not resulted in the establishment of the Personal result in reduced awards for pain and suffering. In an age of Injuries Commission. That commission recently selective media reporting, there is a political will in Ireland handed down its first report. Chief among the for reduced awards in personal injury claims. recommendations within that report was the need for standardised medical Better than today reporting on soft-tissue injuries. Australian jurisdictions enacted The commission’s second report AT A GLANCE similar style reforms in the early is due later in 2018. That report is 2000s. While each Australian state n Irish courts are receptive to claims set to benchmark awards of damages enacted these reforms differently, for future economic loss, but some in personal injury claims in Ireland the motives of each legislature were recent cases show that substantial with other similar jurisdictions. These similar: awards of this kind will not be comments from Minister Eoghan • Reduce the number of personal considered without convincing Murphy are a flavour of what is to injury claims, evidence to assist the court in its come: “Some level of comparison can • Reduce the value of personal decision-making process be made between levels of damage injury claims, and n The Australian experience shows in Ireland and England/Wales based • Reduce legal costs in personal the benefits to a plaintiff of on the respective versions of the injury claims. Book gathering additional evidence . At a cursory level, this of Quantum (beyond the usual medical reports) indicates that less severe injuries in In the state of Queensland, the when an award for future economic Ireland tend to attract higher levels of most significant reform was the loss is sought damages.” introduction of a new injury Law Society Gazette | gazette.ie TORT March 2018 49

IN AN AGE OF SELECTIVE MEDIA REPORTING, THERE IS A POLITICAL WILL IN IRELAND FOR REDUCED AWARDS IN PERSONAL INJURY CLAIMS 50 March 2018 TORT Law Society Gazette | gazette.ie

measurement system when calculating awards for pain and suffering. Prior to 2002, an average award for pain and suffering for a ‘moderate’ whiplash injury was between $20,000 and $50,000. Post-2002, awards for pain and suffering for a similar scale of injury range between $2,000 and $15,000. With so little discretion left for a judge to decide upon a suitable award for pain and suffering, the industry perception was that judges widened their discretion when it came to other heads of damages (particularly future economic loss). Australian courts have shown themselves Men at work willing to award global sums for future economic loss in matters where it can be “enormous” if a finding was made that regard to future loss of earnings.” be reasonably argued that an individual’s she was suffering from an accident-related However, the court did refer to the earning capacity has been compromised as a psychiatric illness that was likely to persist plaintiff’s disadvantage on the open labour result of an accident. into the future. The court was somewhat market when awarding €150,000 for pain Irish courts are of course receptive to critical of the evidence led by the plaintiff and suffering into the future. In my opinion, claims for future economic loss. However, with respect to future economic loss: “I do this may have been an attempt by the court some recent cases show that substantial not believe that the plaintiff’s proofs have to balance the scales of justice back in favour awards of this kind will not be considered been up to that standard and, accordingly, I of the plaintiff. without convincing evidence to assist the will award a sum of general damages for loss The High Court’s 2016 decision in Kelly court in its decision-making process. of job opportunity of €15,000.” v Lackabeg Ltd t/a The Arc is also apt. In The 2015 High Court decision in that matter, the plaintiff suffered a soft I should be so lucky McLaughlin v McDaid & ors is also relevant. tissue injury to her neck and a dislocation The 2016 High Court decision in Plonka In that matter, the court found on behalf of to her right thumb. The court found that v Norviss is worthwhile reading for the plaintiff in a liability denied workplace the plaintiff was left with intermittent but practitioners in this area. In that matter, accident that left the plaintiff with a club frequent neck pain, diminution in sensation the plaintiff suffered a soft tissue injury foot. The plaintiff was 17 years of age in the tip of the thumb, and a reduced pinch to her neck and back. While the court on the accident date and 30 by the time grip between her thumb and forefinger. acknowledged that the plaintiff’s symptoms of the trial. The plaintiff had significant The court found that the plaintiff was were somewhat out of proportion to the educational shortcomings. As a result of the “entitled to be compensated for loss physical findings, the court was satisfied to accident, it was found that he was unable of opportunity on the job market, due accept the description of “catastrophisation” to complete any heavy physical activities to the fact that, post-accident, she has as being the most probable explanation for in employment. While the court found been recommended to confine herself to her symptoms. that the plaintiff’s future employability sedentary type occupations”. The plaintiff was a 34-year-old cleaner at would be significantly affected, the court Notwithstanding this finding, the court the time of the accident. She spoke little or was unable to make any findings as to future made no specific award for future economic no English. She did not return to work after economic loss due to the lack of evidence loss. Instead, the court did take the plaintiff’s the accident. The court acknowledged that led on that front: “There is no evidence loss of opportunity on the job market into her claim for future economic loss would upon which I can make any finding with account when awarding $30,000 damages for pain and suffering into the future. The decision is unclear as to the extent of evidence led by the plaintiff in relation to her suitability for sedentary type occupations AUSTRALIAN JURISDICTIONS and whether this restriction might translate ENACTED SIMILAR STYLE REFORMS into reduced earning capacity over the IN THE EARLY 2000s. WHILE EACH remainder of her working life. AUSTRALIAN STATE ENACTED THESE Spinning around REFORMS DIFFERENTLY, THE MOTIVES The Queensland Supreme Court case of Kirchner v ITT Water and Wastewater OF EACH LEGISLATURE WERE SIMILAR Ltd in 2010 provides a helpful contrast Law Society Gazette | gazette.ie TORT March 2018 51

WHILE ONE CAN ONLY SPECULATE AS TO THE TIMING OF THE NEXT ROUND OF TORT REFORMS, THERE IS NO REASON WHY PRACTITIONERS IN THIS AREA CANNOT FINESSE THEIR EVIDENCE GATHERING IN THE MEANTIME

with the Irish decisions set out above. In when an award for future economic loss is • For a plaintiff with easily identifiable this matter, the plaintiff was successful sought. work output measures, obtaining any in proving liability after he fell down a Prior to briefing medical experts, documents that measure their productivity manhole in the course of work duties. He appropriate investigations might include: (for example, sales figures, packing rates, suffered a fractured skull, causing ongoing • Obtaining a comprehensive work history checkout line data). headaches, dizziness, impaired memory, and or resume from the plaintiff. Weak or • Speaking to the plaintiff’s friends and family concentration. strong, this is vital in assessing residual members (so as to better understand their Similar to some of the Irish examples, earning capacity. perception of the plaintiff’s limitations and the plaintiff was relatively young (30) at the • Obtaining position descriptions from the how increased efforts at work might affect time of trial, had a limited education, and plaintiff’s past and present employers. their personal lives). was ill-suited to sedentary office type work. Unusual occupations need particular The court had no difficulty making a finding focus. When this information is to hand, proper that the plaintiff had suffered a significant • Obtaining copies of any performance consideration can be made as to briefing the disadvantage on the open labour market. appraisals for the plaintiff (pre and relevant medical experts so that they can Notwithstanding his post-accident post injury). A documented dip in form opinions as to diminution of earning symptomatology, the plaintiff was able post-accident work performance is of capacity. to work for 12 months after the accident significant evidentiary value. While one can only speculate as to the (earning the same weekly wage as he had • Obtaining a copy of the plaintiff’s timing of the next round of tort reforms, earned prior to the accident). The defendant employment contract to understand there is no reason why practitioners in this sought to rely on this evidence to assert that the key requirements and performance area cannot finesse their evidence gathering there had been no significant diminution in indicators of his/her role. in the meantime. the plaintiff’s earning capacity. • Obtaining the plaintiff’s academic records While the usual medical experts were (so as to assess his/her academic aptitude called for both parties, the plaintiff also for other forms of work). led extensive evidence from those who had • Speaking to the plaintiff’s employer, LOOK IT UP worked with him after the accident and who supervisor and work colleagues (to could corroborate his difficulties at work. understand any perceptions they may CASES: The plaintiff’s partner gave evidence as to have of reduced work performance). n Kirchner v ITT Water & Anor [2010] his impaired concentration and fatigue. • Obtaining earnings information from QSC 413 Evidence was even led from the plaintiff’s comparable workers to the plaintiff. n McLaughlin v McDaid & ors [2015] in-laws, for whom he had done some casual • Obtaining leave records, including IEHC 810 (10 December 2015) work. details of sick leave, timesheets (pre and n Kelly v Lackabeg Ltd t/a The Arc When assessing future economic loss, post injury). This will allow analysis [2016] IEHC 63 (29 January 2016) the court made a finding that there was a of reduced working hours or changed n Plonka v Norviss [2016] IEHC 137 likelihood that the plaintiff’s “comparative working patterns. (18 March 2016) disadvantage in the employment market • For a self-employed plaintiff, speaking will increase as he gets older”. The court to his/her clients or key business LITERATURE: found that this would result in an average relationships (pre and post injury). They n Department of Finance (2017), net weekly loss of $300. The court awarded may be able to comment on areas that an Report on the Cost of Motor $240,000 for future economic loss. actuary cannot. Insurance • For a younger plaintiff with little work n Person Injuries Assessment Board In your eyes history, speaking to his/her teacher(s) (2016), Book of Quantum The Australian experience shows the may be of value. They may have an n Personal Injuries Commission benefits to a plaintiff of gathering additional insight that academic records do not (2017), First Report evidence (beyond the usual medical reports) reveal. 52 March 2018 LEGAL HISTORY Law Society Gazette | gazette.ie

Who framed PATRICK KAVANAGH? In 1954, poet Patrick Kavanagh took a libel action against a magazine. Caroline Fanning tills the stony grey soil

CAROLINE FANNING IS PRINCIPAL OF THE DUBLIN LAW FIRM FANNING SOLICITORS

n late 1939, as German forces marched ends meet and to gain secure employment and acceptance by into Polish territory, a solitary, 35-year-old the established cliques in Dublin. He mused that, while poems Irish poet, novelist and were popular, no one cared if the critic marched 80 miles poet ate. from his small farm holding His bitterness and disillusionment in Mucker, Co Monaghan, to AT A GLANCE can be gleaned from the short-lived Dublin. In contrast to the German, n In October 1952, The Leader 13-issue publication run of Kavanagh’s Polish, Soviet and Slovakian soldiers magazine published an unflattering Weekly: A Journal of Literature and Iengaged in the beginnings of WW2, Politics between April and July 1952. profile of Patrick Kavanagh Patrick Kavanagh was armed only n Kavanagh issued libel proceedings Financed by £2,000 from his younger with high hopes of participating in an against the magazine and its printer, brother Peter, the Weekly criticised ‘Irish Revival’ of literary and cultural losing in the High Court the lack of vitality in Ireland in the enlightenment. n On appeal to the Supreme Court, 30 years after Independence: “All Nine years after the unconditional the jury verdict was set aside the mouthpieces of public opinion surrender of the Axis powers in 1945, n An undisclosed out-of-court are controlled by men whose only Kavanagh would constructively settlement was made to Kavanagh qualification is their inability to think.” surrender his high hopes, having spent and his legal team Further criticism was heaped on a total of 15 years struggling to make Radio Éireann, the GAA, the Abbey Law Society Gazette | gazette.ie LEGAL HISTORY March 2018 53

HE MUSED THAT, WHILE POEMS WERE POPULAR, NO ONE CARED IF THE POET ATE 54 March 2018 LEGAL HISTORY Law Society Gazette | gazette.ie

Theatre, the Arts Council, and the Cultural Relations Committee (established by Sean McBride in 1949). Kavanagh suggested that Ireland might benefit from reducing its civil service to “one-tenth its size” and the “so- called” revival of Irish should be abandoned. He opined that the presidency should be made an honorary post at a nominal salary, and that the number of Irish embassies abroad should be reduced.

The usual suspects In October 1952, The Leader magazine published an unsigned, one-sided, unflattering profile of Kavanagh. Kavanagh failed to unmask the author(s) of the A turnip for the books offensively hostile piece, with Valentin Iremonger (Irish career diplomat and poet, Dublin High Court, waiting for the first of The publishers (Leader Limited) and who also produced translations from the a total of 1,267 questions in what would be its printers (Argus Limited) defended the Irish language) and Brendan Behan among a gruelling 13-hour cross-examination by action on the grounds of ‘fair comment’ in his (many) suspects. a man 13 years his senior – one of Ireland’s both its straightforward form and ‘rolled- The profile caricatured Kavanagh most powerful and influential political up’ plea (that is, where a statement was of “hunkering over a bar stool” in McDaid’s, and legal figures: John A Costello, former fact, it was true, and where the statement presiding over a coterie of much younger taoiseach and leader of the opposition party. was a comment, it was a fair comment). submissive acolytes, sponging drinks, Costello had been engaged by The Leader. No defence of justification was pleaded, coughing and gambling, while fantasising Counsel for the printers, Argus, asked so only evidence of general reputation was about London’s literary scene. It Kavanagh 71 questions. admissible in mitigation of damages. The depicted Kavanagh as a poseur, unsubtle, The case was assigned to newly appointed defendants themselves did not go into opinionated, and overbearing. It also High Court Judge Thomas Teevan (1903- evidence. contained a (false) suggestion that his poem 76), sitting with a jury. Teevan had just Costello set about undermining The Great Hunger had been banned in served as attorney general (1953-54) and had Kavanagh’s credibility in order to show that Ireland. practised as a solicitor before qualifying as a the article was factually true, the comments Kavanagh issued libel proceedings against barrister. It would be the first case decided ‘fair’, and to mitigate any award of damages. the magazine and its printer, hoping for an by him. In reply to cross-examination as to the out-of-court settlement of some £500. He nature of his relationship with Brendan had already lost a libel action taken against Contempt Behan, Kavanagh denied that they were him in 1938 by Oliver St John Gogarty, Kavanagh claimed that the profile article as a friends – upon which, a copy of his book who was awarded £100 damages plus costs whole was a libel, together with a number of Tarry Flynn was exhibited, with attention of £300 over a reference in Kavanagh’s innuendos contained in the article’s wording, drawn to his inside cover inscription: “For loosely autobiographical book The Green and that it “held him up to odium, hatred, Brendan, poet and painter, on the day he Fool, suggesting Gogarty had a mistress. ridicule and contempt, and that he had been decorated my flat, Sunday 12th, 1950.” On 3 February 1954, the 49-year-old gravely damaged in his reputation and in his Costello cross-examined Kavanagh Kavanagh sat in the witness box in the profession”. on his views on Dublin and London, the derogatory criticism of Irish institutions in Kavanagh’s Weekly, the speed with which he had instituted the libel proceedings, and about his own numerous satires, etc. It is KAVANAGH SAT IN THE WITNESS BOX a testament to Costello’s memory that he could remember the answers to the 1,267 WAITING FOR THE FIRST OF A TOTAL questions.

OF 1,267 QUESTIONS IN WHAT WOULD Twelve angry men BE A GRUELLING 13-HOUR CROSS- The jury had to answer eight questions. Question 1: whether the article, as a whole, EXAMINATION in its ordinary meaning, was defamatory of Law Society Gazette | gazette.ie LEGAL HISTORY March 2018 55

THIS CONFUSION OF THE JURY, COUPLED WITH THEIR FINDING OF NO LIBEL REGARDING AN ARTICLE THAT WAS, IN HIS VIEW, CLEARLY LIBELLOUS, CREATED A PROBABILITY OF A MISCARRIAGE OF JUSTICE TOO GREAT TO ALLOW THE VERDICT TO STAND

Patrick Kavanagh. Questions 2 to 6 related LT P98) were cited as authorities that “the The majority of the court held that the to various specified innuendos. Question 7 question of libel or no libel being a matter jury should have been left free to draw related to the defence of fair comment, and of opinion, and opinions may reasonably inferences (given that the writer of the question 8 to the assessment of damages. vary within wide limits, an appellate court profile did not use the language of direct Judge Teevan directed the jury to is more slow to take such a course [set aside statement) in arriving at their answer to apply the test of whether the article was the verdict of a jury] in a libel action than in question 1, but that Judge Teevan, by defamatory in the eyes of ordinary people or other types of action”. directing them to answer ‘no’ to questions the general body of the community. Teevan The Supreme Court held that Judge 2 to 6, must have left the jury feeling J said that innuendos only arise when words Teevan’s direction to the jury on innuendos precluded from considering whether the do not primarily mean a particular thing, was confusing and misleading, leading to inferences claimed by Kavanagh would, in such as irony or innocent words taken in an an unsatisfactory trial. Innuendos are a fact, be drawn by reasonable men. offensive way. The judge told them that, if technical area of libel law divided into: One of the Supreme Court judges, they answered question 1 in the affirmative, • Innuendos within the special knowledge of Kingsmill Moore, stated that this confusion they could skip questions 2 to 6, leaving only the reader, and/or of the jury, coupled with their finding of questions 7 and 8 to be addressed. • Innuendos within the acumen of the no libel regarding an article that was, in his The jury found that the article as a reader in discovering the full import of the view, clearly libellous, created a probability whole and in its ordinary meaning was not words used. of a miscarriage of justice too great to allow defamatory. the verdict to stand. However, Kavanagh’s appeal to the The court held that, in particular, Teevan’s The jury verdict was set aside, and a new Supreme Court – funded in part by TS Eliot direction that, where they found no evidence High Court trial was directed to take place. and Jack B Yeats – was successful, with the to justify a finding that the words bore any However, due to insufficient finances to fund judgment delivered on 4 March 1955. innuendos (as contained in questions 2 to a second trial, an undisclosed out-of-court The majority of the Supreme Court 6), they must answer ‘no’ to questions 2 to settlement was made to Kavanagh and his considered the finding that the article was 6, while (seemingly contradictorily) telling legal team, led by solicitor Rory O’Connor not defamatory to be unreasonable and them that some of the innuendos might and Sir John Esmonde SC, signalling perverse. McInerney v the Clareman Co Ltd be implicit in question 1 and, as such, be the end of two-and-a-half years of legal (1903 2 LR 375) and Broome v Agar (138 included in the ordinary language. proceedings.

LegaL eZine for MeMbers

The Law Society’s Legal eZine for solicitors is now produced monthly and comprises practice-related topics such as legislation changes, practice management and committee updates.

Make sure you keep up to date: subscribe on www.lawsociety.ie/enewsletters or email [email protected]. 56 March 2018 BOOKS Law Society Gazette | gazette.ie

THE LIFE AND TIMES OF ARTHUR BROWNE IN IRELAND AND AMERICA, 1756-1805

Joseph C Sweeney. Four Courts Press (2017), www.fourcourtspress.ie. Price: €49.50. NEW EDITION In the early years of their schooling, Irish chil- 1961-2017 Road dren are given a transient exposure to Irish his- Traffic Legislation tory. In subsequent years, some students opt to By Robert Pierse study history more seriously, and the tumul- Pub date: February 2018 tuous late 18th century period becomes more Price: €175 substantive, with notables like Henry Grat- ISBN: 9781526502698 tan, John Philpot Curran, Edmund Burke and Charles James Fox to the forefront. However, NEW EDITION in the context of the times, Arthur Browne MP has simply been noted as an Irish Whig who Arthur Cox initially voted against and then for the Act of Employment Law Union – a mere ‘sidebar’. Yearbook 2017 What we now know in much more detail By Arthur Cox Employment is that Arthur Browne was above all a highly Law Group competent lawyer and a staunch defender of Pub date: February 2018 Price: €99 civil liberties, including being one of the early ISBN: 9781526501455 proponents of Catholic Emancipation. This book considers the whole life of Arthur Browne in an ordered and at the same time NEW EDITION modular way: his birth in 1756 in what was Partnership Law colonial America’s Rhode Island; his coming By Michael Twomey, to Ireland and his years in Trinity as a student for Union between 1799 and 1800 (as did 11 Editor: Maedhbh Clancy (1772-76); his further legal studies in London, other members) left him open to accusations Pub date: June 2018 coinciding with the American War of Inde- of his vote having been purchased by the gov- Price: €245 ISBN: 9781526504852 pendence (1776-83); his election to and his ernment – an accusation directly made in the initial years in the Irish Parliament (1783-88); House at the time and equally vehemently his teaching and practising law (1784-1805); denied there by Browne. In this context, the NEW TITLE and his political career and the stances he took author points out that Browne did receive on individual issues, most notably, the French “two lucrative appointments from Dublin The Special Revolution (1789) and its subsequent ‘Reign of Castle after the Union, for both of which he Criminal Court: Terror’ and the 1793 outbreak of the France/ was well qualified” – a verdict of ‘not proven’, Practice and England war; and the 1798 rebellion and its perhaps, rather than ‘guilty’ or ‘not guilty’? Procedure bloody retributive aftermath, eventually cul- My guess is that many readers, influenced By Alice Harrison, minating in his decision to support the Act of by the author’s admirable overall presentation Consultant Editor(s): Úna Ní Raifeartaigh, Union and the consequent dissolution of the of Arthur Browne’s life in all its facets, would Michael Bowman separate Kingdom of Ireland with its own par- be inclined to conclude that his brilliance as Pub date: July 2018 liament. a lawyer and as an even staunch defender of Price: €195 The enigmatic question that will constantly civil liberties should outweigh any outstand- ISBN: 9781780439068 recur for the reader, particularly looking ing question as to his true motivation for ulti- Order your copies today back over the history of Ireland from 1922 mately supporting the Act of Union. Whatever back to 1801, will be whether or not that his- rehabilitation of his historical legacy that may Contact Jennifer Simpson on tory would actually have been better had the be required might at least have begun in 2010 T: +353 (0) 1 6373920, E: [email protected] Act of Union not been passed and had people by the King’s Inns instituting an annual exami- like Arthur Browne successfully opposed the nation prize in his honour. Visit us at absorption of the Irish Parliament into the www.bloomsburyprofessional.com/ie Westminster Parliament. Michael V O’Mahony, solicitor and notary public, €5.50 P&P His change from opposition to support is a past-president of the Law Society. Law Society Gazette | gazette.ie BOOKS March 2018 57

SOCIAL AND ECONOMIC RIGHTS IN IRELAND Specialist Legal Texts

Claire-Michelle Smyth. Clarus Press (2017), www.claruspress.ie. Price: €75. from Clarus Press It is embarrassing and distressing nowadays to read the majority judgments in the Supreme Court in the 1983 Norris case on homosexu- ality for their blinkered thinking and lack of empathy. In years to come, will another generation look back on the judgments in the TD and Sinnott cases in 2000-2001 on education NOW and care for persons with intellectual disabili- AVAILABLE ties, or cases on traveller accommodation, in the same way? Non-Fatal Offences Against the In this book Dr Smyth looks at the attitude Person: Law and Practice of the Irish courts to social and economic Éamonn O’Moore, Barrister-at-Law rights and the idea that the law should pro- ISBN: 978-1-905536-98-6 vide for basic minimum standards of educa- Price: €149 tion, accommodation, and healthcare. There has traditionally been strong resistance to this concept on the grounds that these are essentially political issues that should be left for government to deal with. PUBLISHING Dr Smyth notes that in other countries like SPRING 2018 South Africa or the post-communist European Sexual Offending states, which have adopted new constitutions in Ireland: in recent years, those constitutions provide for courts to take a more positive attitude to eco- Laws, Procedures minimum standards of housing and healthcare nomic and social rights, but also points to the and Punishment in particular. weakness of the ECHR Act 2003, bringing the Dr Susan Leahy and The book also looks at whether our interna- convention into Irish law, and the fact that the Dr Margaret Fitzgerald O’Reilly tional obligations may lead to the courts tak- EU Charter only applies to the implementing ISBN: 978-1-905536-93-1 ing a more positive attitude to these rights. It of EU law. Price: €99 discusses the standards set by the UN Covenant Dr Smyth may be over-cautious about the on Economic, Social and Cultural Rights and the effect of ECHR and EU Charter decisions. European Social Charter, but points out that The ECHR has already had a significant effect they lack any enforcement mechanism. on Irish law from the Norris case onwards and It then considers the European Convention on is increasingly argued in the courts. And the Human Rights (ECHR) with its partial incor- Court of Justice has taken a very broad view poration into Irish domestic law and the rela- of what constitutes ‘implementation’ of EU tively new EU Charter of Fundamental Rights. law, allowing the charter to be used in a wide PUBLISHING While the ECHR does not expressly protect variety of cases. SPRING 2018 economic and social rights, Dr Smyth points More vigorous use of the ECHR and the charter by practitioners, together with a to a growing trend for it to read rights to mini- Arbitration in Ireland – Arbitration mum standards of accommodation, healthcare judiciary less steeped in rigid deference to Act 2010 and Model Law: A and education into the existing articles of the the executive, may lead to a wider role for Commentary, Second Edition convention, in particular in cases concerning the courts in protecting economic and social Barry Mansfield, Barrister-at-Law Roma families and children. She also looks rights, and this book provides a very thorough ISBN: 978-1-911611-02-8 at the developing jurisprudence around the summary of case law from these institutions to Price: €119 EU Charter, which does expressly protect encourage that use. some economic and social rights and which is For a full list of our products visit directly effective as part of EU law. Michael Farrell is a solicitor and a member of the She argues that the decisions of these two Council of Europe Commission against Racism and www.claruspress.ie European mechanisms may influence the Irish Intolerance. 58 March 2018 BRIEFING | COUNCIL REPORT Law Society Gazette | gazette.ie

REPORT OF THE LAW SOCIETY COUNCIL MEETING 26 JANUARY 2018 Legal Services Regulation Act fication process in section 8 of Future of solicitor education in response to an invitation from Paul Keane outlined the three the Civil Liability and Courts Act The Council approved the estab- the President of the High Court reports issued by the Legal Ser- 2014, an examination of the lishment of a Future of Solicitor for submissions identifying those vices Regulatory Authority in continuing relevance of the six- Education Review Group, not- items that might be placed on compliance with their statutory month period allowed under ing that section 34(1) of the Legal the agenda for the review. All obligations – on legal partner- section 50 of the Personal Injuries Services Regulation Act 2015 man- relevant Society committees had ships, MDPs, and barristers’ Assessment Act 2003, and a focus dated a review of the education been consulted. issues – each of which was avail- on the provisions contained in of both solicitors and barristers able on the authority’s website. In the Civil Liability and Courts Act and the production of a report Regulation of practice each instance, the authority had 2014 relating to fraudulent and by 1 October 2018. Martin Crotty made a com- concluded that the issues were exaggerated claims, with particu- The Council noted that a prehensive presentation to the very complicated and further lar reference to sections 14, 25 review of solicitor education and Council on the financial per- consultation was required. and 26. training, including a compara- formance of the compensation The director general noted The report also referenced a tive analysis of legal education fund, claims against the fund, that the only new business struc- benchmarking exercise on dam- and training in other jurisdic- decisions of the committee, ture for which there appeared to ages to be conducted by the Per- tions, had been conducted for investigations of solicitors’ prac- be an actual demand was LLPs. sonal Injuries Commission, and the Society by Prof Paul Maharg tices, practice notes, Gazette arti- At a recent Brexit event, both indicated that any examination and Prof Jane Ching, and their cles, High Court actions against the Minister for Justice and the of this area should take account report had just been received. claims-harvesting websites, and chief executive of the IDA had of the broader societal impact The review group would improvements in the processes indicated that one of the conse- of the existing limits, including further consider the education for reporting to the Council. quences of Brexit was a require- the rights of claimants to a full and training of solicitors of the ment to enable the legal profes- and proper level of compensa- future, and make recommenda- PII sion to establish as LLPs. tion where they suffer an injury tions to the Council to ensure Richard Hammond reported He confirmed that the Society through the negligence of oth- that the educational model in that there had been full com- continued in its efforts to seek ers. Ireland was on a par with best pliance by solicitors with their an early meeting with the minis- The report acknowledged the practice internationally. professional indemnity insur- ter, to discuss this and a range of importance, when comparing The group would be chaired ance renewal obligations. He other issues. award levels between different by Mr Justice Michael Peart, and reported on market share by countries, of considering the its members were representa- firm, and would report on mar- Insurance costs ‘societal choices’ made in each tive of the profession as a whole, ket share by premium at a future Stuart Gilhooly briefed the jurisdiction, in areas such as the including large and small firms, meeting. Council on the Report on the Cost level of social welfare benefit and urban and rural, as well as in- of Employer and Public Liability State provision of healthcare. house solicitors and professional Gala Dinner 2018 Insurance by the Cost of Insur- The report also considered educators. The president urged Coun- ance Working Group. A num- the question of a cap on damages cil members and their firms to ber of the recommendations in and concluded that the matter Administration of civil justice support the Gala Dinner 2018, the report focused on possible should be referred for consider- The Council approved a sub- which would be held in the legislative changes, including a ation by the Law Reform Com- mission to the Review of the Shelbourne Hotel on 27 April proposal to improve the noti- mission. Administration of Civil Justice, 2018.

TAKE FIVE…

LawWatch – delivered every Thursday to your inbox…

Keep up to date with recent judgments, legislation and topical journal articles by scanning the library’s LawWatch newsletter every week.

Sent to all members, it takes just five minutes to stay informed. Enquiries to: [email protected] or tel: 01 672 4843.

Library ad Gazette Jan_Feb 2017.indd 1 25/01/2017 15:09 Law Society Gazette | gazette.ie BRIEFING | PRACTICE NOTES March 2018 59

CONVEYANCING COMMITTEE NEW PRECEDENT CERTIFICATES OF COMPLIANCE The Conveyancing Commit- ance with planning and the 2014 of the Society’s website (www. containing a brief explanation tee has recently published new building regulations. These are lawsociety.ie/precedents) with of each of the three new docu- precedent certificates of compli- available in the precedents area an explanatory memorandum ments.

CONVEYANCING COMMITTEE BASIC PAYMENT ENTITLEMENTS AND WILLS Basic payments are annual pay- to claim them. BPEs can be left may cause difficulty and hardship Regulation 1307/2013, and ments to farmers arising from by will and should be specifically for the person receiving the land. (b) made no provision for those various EU support schemes, dealt with in a will. The European Union (Basic Pay- payment entitlements in his or and they are administered by the Because they are not generally ment Scheme Inheritance) Regula- her will, such payment entitle- Department of Agriculture, Food attached to lands, problems arise tions 2017 (SI 639 of 2017) deals ments (or share thereof) shall and the Marine. The amount when a farmer has left land to a with this issue, and paragraph transfer with the eligible land of the payments varies, and one beneficiary, but the will is silent 4 of the statutory instrument unless there is a legal impedi- of the factors is the number on who is to receive any BPEs provides as follows: “Where a ment preventing the transfer.” of basic payment entitlements the farmer might have. In these deceased person bequeaths land The statutory instrument was (BPEs) a farmer has. BPEs are circumstances, the BPEs formed in a will and (a) at the time of his signed on 21 November 2017 not attached to land, although a part of residue, which may not or her death held an allocation by the Minister for Agriculture, farmer must farm land in order have been what was intended and of payment entitlements under Food and the Marine.

Law Society Library and information ServiceS – we deLiver!

LawWatch – we deliver a free, weekly, emailed newsletter with updates on judgments, legislation and journal articles. To subscribe, contact: [email protected]. Contact the library: tel: 01 672 4843/4; email: [email protected]

Library ad Gazette Dec 2015.indd 1 24/11/2015 10:46 Legal Contingency Insurance

Aviva has many years experience of providing insurance solutions for a wide range of Legal Would you like Contingency issues to those in the legal profession: to talk to someone Our product offerings include: who understands?

• Administration • Missing Beneficiary We have experience of life Bonds Insurance in the law, and we know that • Defective Titles • Restrictive Covenants at all stages of their career, • Lost Title Deeds • Rights of Way people in the legal community sometimes need extra support • Lost Shares • Easement of Services with personal or professional issues Indemnities Indemnities

To arrange cover or discuss any of the above: Email: [email protected] or phone Niall Sheridan on 01 898 7743 or Karl Dobbyn on 01 898 7710. Call our free, independent, Aviva Insurance Limited, trading as Aviva, is authorised by the Prudential Regulation Authority in the UK and is regulated by the Central Bank of Ireland for conduct of conﬁ dential Helpline on 1800 991 801 business rules. Registered Branch Office in Ireland No 900175. Registered Branch Address One Park Place, Hatch Street, Dublin 2. Registered in Scotland No 2116. or go to www.lawcare.ie Registered Office Pitheavlis, Perth, PH2 0NH.

Law society ad - maeveDIPLOMA - feb '17.indd 1 CENTRE21/02/2017 13:18

Postgraduate courses with professional focus and practical insight

Late applications now being accepted on selected courses. All lectures are webcast, allowing participants to catch up on course work at a time suitable to their own needs.

COURSE NAME DATE FEE

SPRING 2018

Diploma in Corporate Law and Governance Thursday 8 February €2,500 Diploma in In-House Practice Wednesday 21 February €2,500 Diploma in Technology and IP Law Friday 23 February €2,800 Certificate in Charity Law Trusteeship and Governance Friday 2 March €1,550 Diploma in Commercial Property Law Wednesday 7 March €2,500 Certificate in Data Protection Practice Thursday 8 March €1,550 Certificate in Construction Dispute Mediation Tuesday 13 March €1,550 Certificate in Pensions and Applied Trusteeship Tuesday 13 March €1,550 Certificate in Decision-Making Capacity & Support Saturday 12 May €1,550

CONTACT DETAILS e: [email protected] t: 01 672 4802 w: www.lawsociety.ie/diplomacentre

Please note that the Law Society of Ireland’s Diploma Centre reserves the right to change the courses that may be offered and course prices may be subject to change. Some of these courses may be iPad courses in which case there will be a higher fee payable to include the device. Contact the Diploma Centre or check our website for up-to-date fees and dates. Law Society Gazette | gazette.ie BRIEFING | REGULATION March 2018 61

SOLICITORS DISCIPLINARY TRIBUNAL

REPORTS OF THE OUTCOMES OF SOLICITORS DISCIPLINARY TRIBUNAL INQUIRIES ARE PUBLISHED BY THE LAW SOCIETY OF IRELAND AS PROVIDED FOR IN SECTION 23 (AS AMENDED BY SECTION 17 OF THE SOLICITORS (AMENDMENT) ACT 2002) OF THE SOLICITORS (AMENDMENT) ACT 1994

In the matter of Yvonne Hen- On 16 November 2017, the tribu- respondent solicitor: now KBC Bank Ireland plc, by nessy, a solicitor practising as nal found the respondent solicitor 1) Pay the sum of €3,000 to the undertaking dated 12 July 2007 Hennessy & Company, Solici- guilty of misconduct in that he compensation fund within one expeditiously or within a rea- tors, 5 Hillside Drive West, failed to refund the total amount month, sonable time, Mullingar, Co Westmeath, and due to the estate of a named client 2) Pay a contribution of €3,000 2) Failed to reply adequately or in the matter of an application in accordance with the decision of towards the whole of the costs at all to the complainant’s cor- by the Law Society of Ireland the taxing master dated 7 Novem- of the applicant. respondence and, in particular, to the Solicitors Disciplinary ber 2014. letters dated 2 January 2014, 8 Tribunal, and in the matter of The tribunal ordered that the In the matter of Aisling June 2015, 20 July 2015 and 2 the Solicitors Acts 1954-2015 respondent solicitor: Maloney, a solicitor practising December 2015, [2017/DT07] 1) Stand censured, as AM Maloney & Company, 3) Failed to reply adequately or Law Society of Ireland 2) Pay the sum of €3,000 to the Solicitors, Harbour Street, at all or in a timely manner to (applicant) compensation fund, Tullamore, Co Offaly, and in the Society’s correspondence Yvonne Hennessy 3) Pay a sum of €2,000 as a con- the matter of the Solicitors Acts and, in particular, letters dated (respondent solicitor) tribution towards the whole of 1954-2015 [2017/DT28] 26 April 2016, 7 June 2016, 20 On 13 November 2017, the the costs of the applicant. Law Society of Ireland July 2016 and 26 September Solicitors Disciplinary Tribunal (applicant) 2016. found the respondent solici- In the matter of Cormac Lohan, Aisling Maloney tor guilty of misconduct in her a solicitor practising under the (respondent solicitor) The tribunal ordered that the practice as a solicitor in that she style and title of Lohan & Co, On 5 December 2017, the tribu- respondent solicitor: failed to ensure that that there Solicitors, 7 Garden Vale, Ath- nal found the respondent solicitor 1) Stand censured, was furnished to the Society an lone, Co Westmeath, and in guilty of misconduct in that she: 2) Pay the sum of €2,500 to the accountant’s report for the year the matter of the Solicitors Acts 1) Failed to comply with an under- compensation fund, ended 31 December 2015 within 1954-2015 [8247/DT73/15] taking given by her on behalf of 3) Pay a contribution of €1,781.50 six months of that date, in breach Law Society of Ireland named clients over property in towards the costs of the Law of regulation 26(1) of the Solici- (applicant) Co Mayo to IIB Homeloans, Society of Ireland. tors Accounts Regulations 2014 (SI Cormac Lohan 516/2014). (respondent solicitor) The tribunal ordered that the On 29 November 2017, the tribu- respondent solicitor: nal found the respondent solicitor IF LIFE GIVES YOU 1) Stand advised and admon- guilty of misconduct in that he, ished, surreptitiously and/or without the LEMONS, WE’RE HERE 2) Pay a sum of €300 to the com- knowledge or consent of the Reg- pensation fund, ulation of Practice Committee, TO HELP 3) Pay a sum of €300 towards the further recorded and/or caused or whole of the costs of the appli- allowed and/or intended the con- Consult a Colleague in cant. tinued recording of the meeting total confidence of the committee after he left the IF LIFE GIVES YOU LEMONS In the matter of Robert D meeting to enable the commit- WE’RE HERE TO HELP Lee, solicitor, practising in the tee to deliberate in his absence, Call us on firm of Lees Solicitors, Lord in circumstances where he knew Consult a Colleague now in total confidence Edward Street, Kilmallock, Co or ought to have known that this 01 284 8484 Limerick, and in the matter of was not honest and/or proper Call us on 01 284 8484 the Solicitors Acts 1954-2015 behaviour for a solicitor appear- [2637/DT85/16] ing before the committee and, All calls to the Consult A Colleague helpline are treated in the Law Society of Ireland in so doing, engagedIF in LIFEconduct GIVES YOUstrictest LEMONS confidence - there is no need to give a name or number. (applicant) bringing and/or tending WE’REto bring HERE TO HELPA confidential free service from the DSBA. Robert D Lee (respondent the profession into disrepute.Consult a Colleague now in total confidencewww.consultacolleague.ie solicitor) The tribunal ordered that the Call us A4on Consult a collegue.indd01 1284 8484 26/08/2015 15:50

All calls to the Consult A Colleague helpline are treated in the strictest confidence - there is no need to give a name or number.

A confidential free service from the DSBA. www.consultacolleague.ie

A4 Consult a collegue.indd 1 26/08/2015 15:50 62 March 2018 BRIEFING | EURLEGAL Law Society Gazette | gazette.ie

RULING ON JOINT VENTURES REVERSES YEARS OF PRACTICE

It is very important to be able to determine whether or not a proposed transaction falls within the merger control regime under the EU Merger Regulation or the Competition Act 2002. Marco Hickey explains

MARCO HICKEY IS HEAD OF THE EU, COMPETITION AND REGULATED MARKETS UNIT AT LK SHIELDS SOLICITORS

n 7 September 2017, The Merger Regulation applies so, the joint venture must have the EU Court of Jus- to transactions that amount to a management dedicated to its tice delivered a signifi- concentrations defined in article 3 day-to-day operations and access Ocant judgment in Austria Asphalt of the regulation: to sufficient resources including GmbH & Co OG v Bundeskartel- “1) A concentration shall be finance, staff, and assets (tangible lanwalt (Case C-248/16), on foot deemed to arise where a and intangible) in order to con- of a reference for a preliminary change of control on a lasting duct on a lasting basis its business ruling made by the Austrian basis results from … activities within the area provided Supreme Court on a question b) The acquisition, by one or for in the joint-venture agree- relating to the definition of trans- more persons already control- ment.” actions caught by Council Regu- ling at least one undertaking, In Austria Asphalt, the CJEU lation (EC) No 139/2004 of 20 or by one or more undertak- was called upon to decide the January 2004 on the control of ings, whether by purchase of question of whether or not the concentrations between under- securities or assets, by con- creation of a joint venture, in takings (the Merger Regulation). tract or by any other means, circumstances where an existing The regulation contains a sys- of direct or indirect control of business is solely controlled by tem for the compulsory notifica- the whole or parts of one or one person and becomes jointly tion to the EU Commission of more other undertakings … controlled, amounts to a ‘con- transactions that meet certain 4) The creation of a joint ven- centration’ within the meaning of THE APPLICATION thresholds, and therefore have ture performing on a lasting article 3 of the regulation only if what is known in EU merger basis all the functions of an the joint venture is a full-function OF THE ABOVE control terminology as an ‘EU autonomous economic entity joint venture. dimension’. Similarly, the Irish shall constitute a concentra- The EU Commission had PRINCIPLES LACKS Competition Act 2002 (as amended) tion within the meaning of taken the view, and argued before THE BENEFIT OF contains a regime for the compul- paragraph1(b).” the CJEU, that the creation of a sory notification to the Competi- joint venture in relation to a busi- LEGAL CERTAINTY tion and Consumer Protection Full-function joint ventures ness that had been solely con- Commission (CCPC) of mergers The transactions referred to trolled amounted to a concentra- INHERENT IN A and acquisitions that exceed cer- in paragraph 4 of article 3 are tion within the meaning of article NOTIFICATION, tain thresholds or that amount referred to, in EU merger con- 3(1)(b) and (4), irrespective of to a media merger. Mergers that trol terminology, as ‘full-function whether or not the joint venture MERGER REVIEW are compulsorily notifiable under joint ventures’. The commission’s was full function. the regulation or the 2002 act consolidated jurisdictional notice The CJEU noted that, accord- AND APPROVAL are void unless approved. There- on the regulation states that “full- ing to article 3(1)(b) of the Merger SYSTEM fore – jurisdictionally – it is very function character essentially Regulation, a concentration is to important to be able to ascertain means that a joint venture must be deemed to arise, among other from the outset whether or not a operate on a market, performing things, where a change of control News from the EU and proposed transaction falls within the functions normally carried on a lasting basis results from International Affairs Committee. Edited by TP Kennedy, Director of the merger control regime under out by undertakings operating on the acquisition, by one or more Education, Law Society of Ireland the regulation or the act. the same market. In order to do undertakings, of direct or indirect Law Society Gazette | gazette.ie BRIEFING | EURLEGAL March 2018 63

THIS CASE IS SIGNIFICANT AS IT CASTS ASIDE THE VIEW HELD BY THE COMMISSION FOR A LONG TIME THAT A Dial M for merger TRANSITION FROM SOLE TO control of the whole or parts of ing becomes joint when the joint performed on a lasting basis all JOINT CONTROL one or more other undertakings. venture resulting from such a the functions of an autonomous However, according to article transaction does not perform all economic entity. OF AN EXISTING 3(4), the creation of a joint ven- the functions of an autonomous BUSINESS WOULD ture is a concentration within the economic entity. The court stated Purpose and general structure meaning of article 3(1)(b) only that such a transaction, on the The CJEU emphasised that when AMOUNT TO A where that undertaking performs one hand, implies a change of a textual interpretation of a pro- all of the functions of an autono- control on a lasting basis of the vision of EU law does not permit CONCENTRATION, mous economic entity on a lasting undertaking forming the object of its precise scope to be assessed, basis. that transaction, thereby satisfy- the provision in question must IRRESPECTIVE OF The court held that, conse- ing one of the criteria laid down be interpreted by reference to its WHETHER OR NOT quently, it cannot be determined in article 3(1)(b) of the regula- purpose and general structure. from the wording of article 3 tion and, on the other, may be The court cited judgments of THE RESULTING alone whether a concentration regarded as creating a joint ven- France and Others v Commission within the meaning of that regu- ture and thereby falling within the (C-68/94 and C-30/95; 31 March JOINT VENTURE lation is deemed to arise as a result scope of article 3(4), so that a con- 1998) and of, Marchon Germany WAS FULL of a transaction by which the sole centration would be deemed to be (C-315/14; 7 April 2016). As control of an existing undertak- created only if that undertaking regards the objectives pursued by FUNCTION 64 March 2018 BRIEFING | EURLEGAL Law Society Gazette | gazette.ie

the Merger Regulation, the court such effects depends on the actual court stated that such an interpre- stated that it appeared from recit- emergence of a joint venture into tation of article 3 was consonant als 5 and 6 that the regulation the market – that is to say, of an with the general scheme of the sought to ensure that the process undertaking performing on a last- regulation. of reorganisation of undertakings ing basis all the functions of an The CJEU clarified that, did not result in lasting damage to autonomous economic entity. although, according to recital 6 competition. According to those of the regulation, the preventa- recitals, EU law must therefore Lasting effect tive control of all concentrations include provisions governing Significantly, the CJEU held that established under that regulation those concentrations that may therefore, article 3 of the regula- concerns concentrations having significantly impede effective tion only concerns joint ventures an effect on the structure of com- competition in the internal mar- insofar as their creation provokes petition in the EU, it did not fol- ket or in a substantial part of it, a lasting effect on the structure low that any action of undertak- and permitting effective control of the market. The court held ings not producing such effects of all concentrations in terms that such an interpretation was escapes the control of the com- of their effect on the structure supported by article 3(1)(b) of mission or that of the competent of competition in the European the regulation, which takes as national competition authori- Union. Accordingly, the regula- the constituent element of the ties. The court then referred to tion should apply to significant concept of concentration not the the general competition rules structural changes, the impact of creation of an undertaking but a that prohibit restrictive agree- which on the market goes beyond change in the control of an under- ments and concerted practices THE COURT the national borders of any one taking. The court emphasised and abuse of a dominant posi- HELD THAT member state. The CJEU held that to follow the converse inter- tion as per articles 101 and 102 that, therefore, as is apparent pretation of article 3, such as that of the Treaty on the Functioning of THE MERGER from recital 20 of the regula- espoused, among other things, by the European Union (TFEU) and tion, the concept of concentra- the commission, would lead to to Council Regulation (EC) No REGULATION tion must be defined in such a an unjustified difference in treat- 1/2003 of 16 December 2002 on FORMS PART OF manner as to cover operations ment between, on the one hand, the implementation of the rules bringing about a lasting change undertakings newly created as a on competition laid down in A LEGISLATIVE in the control of the undertakings result of the transaction in ques- articles 81 and 82 of the treaty. concerned and, therefore, in the tion, which would be covered by The court held that the Merger WHOLE structure of the market. Thus, as the concept of concentration only Regulation, like, in particular, INTENDED TO regards joint ventures, these must if they performed on a lasting Regulation 1/2003, forms part be included within the ambit of basis all the functions of autono- of a legislative whole intended IMPLEMENT the regulation if they perform on mous economic entities and, on to implement articles 101 and a lasting basis all the functions of the other, undertakings existing 102 and to establish a system ARTICLES 101 an autonomous economic entity. before such a transaction, which of control ensuring that com- AND 102 AND The court referred to the fact would be covered by that con- petition is not distorted in the that the advocate general stated cept regardless of whether, once internal market of the EU. The TO ESTABLISH in point 28 of her opinion, that the transaction is completed, they CJEU highlighted that, as fol- the regulation does not draw any performed those functions on a lows from article 21(1) of the A SYSTEM OF distinction in its recitals between lasting basis. Merger Regulation, that regula- CONTROL a newly created undertaking The court held that it followed tion alone is to apply to concen- resulting from such a transaction that, in the light of the objec- trations as defined in article 3, ENSURING THAT and an existing undertaking hith- tives pursued by the regulation, to which Regulation 1/2003 is erto subject to sole control by a article 3(4) had to be interpreted not, in principle, applicable. By COMPETITION group, which passes to the joint as referring to the creation of a contrast, Regulation 1/2003 con- IS NOT control of several undertakings. joint venture – that is to say, to tinues to apply to the actions of The court stated that the lack of a transaction as a result of which undertakings that, without con- DISTORTED IN a distinction was entirely justified an undertaking controlled jointly stituting a concentration within due to the fact that, although the by at least two other undertakings the meaning of the Merger Regu- THE INTERNAL creation of a joint venture must emerges in the market, regardless lation, are nevertheless capable of MARKET OF be assessed by the commission as of whether that undertaking, now leading to coordination between regards its effects on the structure jointly controlled, existed before undertakings in breach of article THE EU of the market, the realisation of the transaction in question. The 101 TFEU and which, for that Law Society Gazette | gazette.ie BRIEFING | EURLEGAL March 2018 65

NEITHER THE COMMISSION NOR THE CCPC HAD PROPER JURISDICTION TO ACCEPT THE NOTIFICATION AND CONDUCT THE MERGER A merger of crows REVIEW reason, are subject to the con- coordination between undertak- ers and acquisitions under part 3 TFEU or section 4(1) of the 2002 trol of the commission or of the ings within the meaning of article and 3A of the 2002 act. Numer- act and, if so, then whether or national competition authorities. 101 TFEU. The court held that, ous transactions over the years not the joint venture satisfies the having regard to all of the fore- were notified to the commission conditions for an exemption. This Preventative control going considerations, the answer under the Merger Regulation and analysis must be carried out on a The court held that the commis- to the question referred is that to the CCPC under the 2002 act self-assessment basis, and there is sion’s interpretation of article 3 of article 3 of the Merger Regulation on the basis of the above view. no provision for the grant of indi- the Merger Regulation, according must be interpreted as meaning No doubt the CCPC will be vidual approval. to which a change in the control that a concentration is deemed to influenced by the judgment of As a result, the application of of an undertaking that, previously arise upon a change in the form the CJEU when interpreting the the above principles lacks the ben- exclusive, becomes joint, is cov- of control of an existing under- 2002 act. It appears that, based efit of legal certainty inherent in a ered by the concept of concentra- taking that, previously exclusive, on the CJEU’s ruling, neither notification, merger review, and tion even if the undertaking does becomes joint, only if the joint the commission nor the CCPC approval system. Furthermore, it not perform on a lasting basis all venture created by such a transac- (assuming of course that the same remains to be seen whether or not the functions of an autonomous tion performs on a lasting basis all approach is followed in this juris- the court will, in its interpretation economic entity is not, therefore, the functions of an autonomous diction) had proper jurisdiction of the definition of concentration consistent with article 21(1) of economic entity. to accept the notification and in the Merger Regulation, extend the Merger Regulation. The court conduct the merger review. Fur- the above notion of full func- stated that such an interpreta- Cast aside thermore, the creation of non-full tionality to require that a joint tion would effectively extend the This case is significant, as it casts function joint ventures arising venture be full-function in situa- scope of the preventative control aside the view held by the com- from the transition from sole to tions where there is a change in laid down in that regulation to mission for a long time that a joint control will now need to be the identity of a joint controller transactions that are not capable transition from sole to joint con- assessed under article 101 of the of an existing joint venture – that of having an effect on the struc- trol of an existing business would TFEU and section 4(1) of the is, where there is an existing joint ture of the market in question amount to a concentration, irre- 2002 act, as opposed to the EU venture and one of the joint con- and would, at the same time, limit spective of whether or not the and Irish merger control regimes. trollers is replaced by the entry of the scope of Regulation 1/2003, resulting joint venture was full An assessment will need to be a new joint controller. It is sub- which would then no longer be function. The above view was also made as to whether the setting up mitted that there is no scope in applicable to such transactions, applied by the Irish CCPC in the of the joint venture amounts to the wording of the regulation for even though they may lead to context of the definition of merg- a breach of article 101(1) of the such a view. LAW SOCIETY LAW SOCIETY PROFESSIONAL TRAINING PROFESSIONAL TRAINING Centre of Excellence for ProfessionalCentre of Excellence Education for and Training Professional Education and Training ToProfessional view our full programme Education visit andwww.lawsociety.ie/Lspt Training To view our full programme visit www.lawsociety.ie/Lspt ToDATE view ourEVENT full programme visit www.lawsociety.ie/Lspt DISCOUNTED FULL FEE CPD HOURS FEE* DATE EVENT DISCOUNTED FULL FEE CPD HOURS 8 & 15 Practical Legal Research for the €403FEE* €538 2 General plus 4 M & PD Skills

March Practitioner - Skills Workshops (Ipad (Ipad (by Group study) 8 & 15 Practical Legal Research for the €403 €538 2 General plus 4 M & PD Skills Note: Attendance on both workshops is required included included March Practitioner - Skills Workshops (Ipad (Ipad (by Group study) * (Ipad not included in fee) in fee) in fee) Note: Attendance on both workshops is required included included €188* €250* * (Ipad not included in fee) in fee) in fee)

€188* €250* 8 March Solicitors’ for the Elderly seminar €150 €176 3.5 General

Ethical Representation for the Older Client 8 March Solicitors’ for the Elderly seminar €150 €176 3.5 General Ethical Representation for the Older Client 9 March Employment Law Masterclass: €210 €255 6.5 General (by Group Study) Bringing cases in the Labour Court 9 March Employment Law Masterclass: €210 €255 6.5 General (by Group Study) and Workplace Relations Commission Bringing cases in the Labour Court and Workplace Relations Commission 23 March Training of Lawyers on the Law Complimentary 6 General (by Group Study) relating to Violence Against Women (TRAVAW) 23 March Training of Lawyers on the Law Complimentary 6 General (by Group Study)

relating to Violence Against Women (TRAVAW) 20/21 Masterclass in Planning & Environmental €350 €425 8 General, 2 M & PD Skills

April Law and Practice for the conveyancer (by Group Study) 20/21 Masterclass in Planning & Environmental €350 €425 8 General, 2 M & PD Skills

April Law and Practice for the conveyancer (by Group Study) 10 & 11 Essential Solicitor Update Part I & II €80 Part I 4 (by Group Study) Part I

May in partnership with Leitrim, Longford, €115 Part II 6 (by Group Study) Part II 10 & 11 Essential Solicitor Update Part I & II €80 Part I 4 (by Group Study) Part I Roscommon and Sligo Bar Associations (Parts I and II €170) May in partnership with Leitrim, Longford, €115 Part II 6 (by Group Study) Part II Landmark Hotel, Carrick-on-Shannon, Co Leitrim (Hot lunch and networking Roscommon and Sligo Bar Associations (Parts I and II €170) drinks included in price) Landmark Hotel, Carrick-on-Shannon, Co Leitrim (Hot lunch and networking drinks included in price) 15 May Annual Human Rights Lecture Complimentary 1.5 General (by group Study) 15 May Annual Human Rights Lecture Complimentary 1.5 General (by group Study) 17 May Wellness in the West - Professional Wellbeing €150 €176 5 M & PD Skills (by group study) for a successful practice - Galway 17 May Wellness in the West - Professional Wellbeing €150 €176 5 M & PD Skills (by group study) for a successful practice - Galway 18 May Midlands General Practice Update €115 6 (by Group Study) – in partnership with Laois Solicitors’ Association (Parts I and II €170) 18 May Midlands General Practice Update €115 6 (by Group Study) and Carlow, Midlands and Kildare Bar Associations (Hot lunch and networking – in partnership with Laois Solicitors’ Association (Parts I and II €170) Midlands Park Hotel, Town Centre, Portlaoise, Co Laois and Carlow, Midlands and Kildare Bar Associations (Hot lunch and networking Midlands Park Hotel, Town Centre, Portlaoise, Co Laois 18/19 Probate & Tax Masterclass €750 €850 10 general (by Group Study) May & Attend 1, 2 or both modules €375 €425 per module 18/19 Probate & Tax Masterclass €750 €850 10 general (by Group Study) 15/16 (per module) (per module) May & Attend 1, 2 or both modules €375 €425 per module June 15/16 (per module) (per module) June 24 May Inhouse panel discussion €55 2.5 M & PD Skills (by group study)

24 May Inhouse panel discussion €55 2.5 M & PD Skills (by group study) June Brexit –The Times They Are A Changin’ €150 €176 2.5 M & PD Skills (by group study)

(TBC) - Implications for the Practitioner plus 2 General June Brexit –The Times They Are A Changin’ €150 €176 2.5 M & PD Skills (by group study) (TBC) - Implications for the Practitioner plus 2 General 14 & 15 North West General Practice Update Part I & II €80 Part I 4 (by Group Study) Part I June – in partnership with Donegal and Inishowen Bar €115 Part II 6 (by Group Study) Part II 14 & 15 North West General Practice Update Part I & II €80 Part I 4 (by Group Study) Part I Associations Solis Lough Eske Castle Hotel, Donegal (Parts I and II €170) June – in partnership with Donegal and Inishowen Bar €115 Part II 6 (by Group Study) Part II (Hot lunch and networking Associations Solis Lough Eske Castle Hotel, Donegal (Parts I and II €170) drinks included in price) (Hot lunch and networking

drinks included in price) For a complete listing of upcoming events including online courses, visit www.lawsociety.ie/CPD or contact a member of the Law Society Professional ForTraining a complete team onlisting : p: 01 of 881 upcoming 5727 e :events [email protected] including online f :courses, 01 672 4890 visit www.lawsociety.ie/CPD or contact a *Applicablemember of to the Law Law Society Society Skillnet Professional members Training team on : p: 01 881 5727 e: [email protected] f: 01 672 4890 *Applicable to Law Society Skillnet members

LSPT March Ad 2018.indd 1 07/02/2018 10:46

LSPT March Ad 2018.indd 1 07/02/2018 10:46 LAW SOCIETY Law Society Gazette | gazette.ie PROFESSIONAL NOTICES March 2018 67 LAW SOCIETY NOTICES PROFESSIONAL TRAINING PROFESSIONAL TRAINING Centre of Excellence for please contact Johnston Solici- RATES FROM JANUARY 2018 tors, 9 Claddagh Green, Ballyfer- Centre of Excellence for NEW RATES ProfessionalCentre of Excellence Education for and Training mot, Dublin 10; tel: 01 685 2967, Professional Education and Training email: [email protected] ToProfessional view our full programme Education visit andwww.lawsociety.ie/Lspt Training PROFESSIONAL NOTICE RATES To view our full programme visit www.lawsociety.ie/Lspt Morris, Fintan, Fr (deceased), ToDATE view ourEVENT full programme visit www.lawsociety.ie/Lspt DISCOUNTED FULL FEE CPD HOURS RATES IN THE PROFESSIONAL NOTICES SECTION ARE AS FOLLOWS: late of Parochial House, Kiltealy, FEE* DATE EVENT DISCOUNTED FULL FEE CPD HOURS • Wills – €150 (incl VAT at 23%) Enniscorthy, Co Wexford, for- 8 & 15 Practical Legal Research for the €403FEE* €538 2 General plus 4 M & PD Skills • Title deeds – €300 per deed (incl VAT at 23%) merly of Maynooth, Co Kildare; March Practitioner - Skills Workshops (Ipad (Ipad (by Group study) • Employment/miscellaneous – €150 (incl VAT at 23%) 8 & 15 Practical Legal Research for the €403 €538 2 General plus 4 M & PD Skills Carlow, Co Carlow; and Wexford Note: Attendance on both workshops is required included included March Practitioner - Skills Workshops (Ipad (Ipad (by Group study) town, Gorey, Caim and Clearis- * (Ipad not included in fee) in fee) in fee) HIGHLIGHT YOUR NOTICE BY PUTTING A BOX AROUND IT – €30 EXTRA Note: Attendance on both workshops is required included included town, all in Co Wexford. Would €188* €250* * (Ipad not included in fee) in fee) in fee) ALL NOTICES MUST BE PAID FOR PRIOR TO PUBLICATION. CHEQUES SHOULD BE MADE any person having any knowledge

€188* €250* PAYABLE TO LAW SOCIETY OF IRELAND. Send your small advert details, with payment, to: of a will executed by the above- 8 March Solicitors’ for the Elderly seminar €150 €176 3.5 General named deceased, who died on 10 Gazette Office, Blackhall Place, Dublin 7, tel: 01 672 4828, or email: [email protected]. 8 March EthicalSolicitors’ Representation for the Elderlyfor the Older seminar Client €150 €176 3.5 General July 2017, please contact John Solicitors’ for the Elderly seminar €150 €176 3.5 General Deadline for April 2018 Gazette: 14 March 2018. For further information, contact the Gazette Ethical Representation for the Older Client A Sinnott & Company, Solici- 9 March Employment Law Masterclass: €210 €255 6.5 General (by Group Study) office on tel: 01 672 4828. tors, Market Street, Enniscor- Bringing cases in the Labour Court 9 March Employment Law Masterclass: €210 €255 6.5 General (by Group Study) No recruitment advertisements will be published that include references to ranges of post-qualification thy, Co Wexford; tel: 053 923 and Workplace Relations Commission Bringing cases in the Labour Court experience (PQE). The Gazette Editorial Board has taken this decision based on legal advice, which indi- 3111, email: info@johnasinnott and Workplace Relations Commission cates that such references may be in breach of the Employment Equality Acts 1998 and 2004. solicitors.ie 23 March Training of Lawyers on the Law Complimentary 6 General (by Group Study) relating to Violence Against Women (TRAVAW) 23 March Training of Lawyers on the Law Complimentary 6 General (by Group Study) Mulcahy, Thomas David

relating to Violence Against Women (TRAVAW) Cois Ala, Kanturk, Co Cork, who contact Donal Quinn Solici- (deceased), who died on 3 Janu- 20/21 Masterclass in Planning & Environmental €350 €425 8 General, 2 M & PD Skills WILLS Cunningham, Thomas, oth- died on 3 October 2017. Would tors, Cross Street, Athenry, Co ary 2018, late of 47 Newgrange 20/21April Law and Practice for the conveyancer (by Group Study) 20/21 Masterclass in Planning & Environmental €350 €425 8 General, 2 M & PD Skills erwise Thomas Anthony any person having knowledge of Galway; tel: 091 844 008, email: Road, Cabra, Dublin 7. Would April April Law and Practice for the conveyancer (by Group Study) (deceased), who died on 21 the whereabouts of any will made [email protected] any person having knowledge of 10 & 11 Essential Solicitor Update Part I & II €80 Part I 4 (by Group Study) Part I June 2017, late of 12A Emmet by the above-named deceased the whereabouts of any will made May10 & 11 inEssential partnership Solicitor with Leitrim, Update Longford, Part I & II €115 €80 PartPart III 64 (by Group Study) Part III 10 & 11 Essential Solicitor Update Part I & II €80 Part I 4 (by Group Study) Part I House, Emmet Court, Inchicore, please contact Eugene Murphy, Loughrey, Frank (otherwise or purported to have been made May inRoscommon partnership and with Sligo Leitrim, Bar Associations Longford, (Parts €115 I and Part II II€170) 6 (by Group Study) Part II May in partnership with Leitrim, Longford, €115 Part II 6 (by Group Study) Part II Dublin 8, and formerly of 337 Murphy English & Co, Solicitors, Francis) (deceased), late of 41 by the above-named deceased, or RoscommonLandmark Hotel, and SligoCarrick-on-Shannon, Bar Associations Co Leitrim (Hot (Parts lunch I and and networking II €170) Roscommon and Sligo Bar Associations (Parts I and II €170) North Circular Road, Dublin 7, ‘Sunville’, Cork Road, Carrigaline, Malachi Road, Manor Street, if any firm is holding same, please Landmark Hotel, Carrick-on-Shannon, Co Leitrim ( Hot drinks lunch included and networking in price) Landmark Hotel, Carrick-on-Shannon, Co Leitrim (Hot lunch and networking and Tipperary Town. Would any Co Cork; tel: 021 437 2425, email: Dublin 7, who died on 9 October contact Thomas Mulcahy; tel: drinks included in price) 15 May Annual Human Rights Lecture Complimentary 1.5 General (by group Study) person having knowledge of the [email protected] 2017. Would any person having 087 178 8249, email: villahowth@ whereabouts of any will made or knowledge of a will made by the gmail.com 15 May Annual Human Rights Lecture Complimentary 1.5 General (by group Study) Annual Human Rights Lecture Complimentary 1.5 General (by group Study) purported to have been made by King, Joseph (deceased), late above-named deceased please 17 May Wellness in the West - Professional Wellbeing €150 €176 5 M & PD Skills (by group study) the above-named deceased, or if of 3 Botanic Hall, Addison Park, contact Byrne & O’Sullivan, O’Connor (Green), Helen for a successful practice - Galway any firm is holding same, please Glasnevin, Dublin 9, formerly of 8 Solicitors, Windsor Lodge, (deceased), late of College Road, 17 May Wellness in the West - Professional Wellbeing €150 €176 5 M & PD Skills (by group study) contact Melvyn Hanley Solicitors, Cremore Drive, Glasnevin, Dub- Edenderry, Co Offaly; tel: 046 Castleisland, Co Kerry, and for- for a successful practice - Galway 18 May Midlands General Practice Update €115 6 (by Group Study) 16 Patrick Street, Limerick; tel: lin 11 and 26 Brookdale Walk, 973 1522, email: info@byrne merly of 29 Sinclair Road, West – in partnership with Laois Solicitors’ Association (Parts I and II €170) 061 400 533, email: reception@ Rivervalley, Swords, Co Dub- osullivan.ie Kensington, London W14, Eng- 18 May Midlands General Practice Update €115 6 (by Group Study) and Carlow, Midlands and Kildare Bar Associations (Hot lunch and networking melvynhanley.com lin, who died on 24 September land, who died on 15 May 2015. – in partnership with Laois Solicitors’ Association (Parts I and II €170) Midlands Park Hotel, Town Centre, Portlaoise, Co Laois 2017. Would any person having Moore, Thomas (deceased), Would any person having knowl- and Carlow, Midlands and Kildare Bar Associations (Hot lunch and networking Flynn, Denis (deceased), late of knowledge of the whereabouts of late of 37 Riverview Court, edge of a will made by the above- Midlands Park Hotel, Town Centre, Portlaoise, Co Laois 18/19 Probate & Tax Masterclass €750 €850 10 general (by Group Study) Rahill, Rathvilly, Co Carlow, and a will made by the above-named Chapelizod, Dublin 20, who died named deceased please contact May & Attend 1, 2 or both modules €375 €425 per module deceased please contact Drum- 18/19 Probate & Tax Masterclass €750 €850 10 general (by Group Study) previously of Rathellen, Leigh- on 14 November 2017. Would Kelliher Coghlan Solicitors, 15/16 (per module) (per module) May & Attend 1, 2 or both modules €375 €425 per module linbridge, Co Carlow, who died goole Solicitors, 102 Upper any person having knowledge of Kealgorm House, Limerick Road, June 15/16 (per module) (per module) on 16 May 2017. Would any Drumcondra Road, Dublin 9; any will made by the deceased Castleisland, Co Kerry; tel: 066 June person having knowledge of the tel: 01 837 4464, email: info@ 24 May Inhouse panel discussion €55 2.5 M & PD Skills (by group study) whereabouts of a will made by drumgooles.ie

24 May Inhouse panel discussion €55 2.5 M & PD Skills (by group study) the above-named deceased please Sole practitioner in long estab- June Brexit –The Times They Are A Changin’ €150 €176 2.5 M & PD Skills (by group study) contact A Gibbons, Kearney Lennon, Maureen (otherwise lished Dublin 2 private client firm NI SOLICITOR (TBC) June -Brexit Implications –The Times for Theythe Practitioner Are A Changin’ €150 €176 plus2.5 M 2 & General PD Skills (by group study) Roche & McGuinn, Solicitors, 9 Mary) (deceased), late of Ben- Brexit –The Times They Are A Changin’ €150 €176 2.5 M & PD Skills (by group study) seeks merger (or other arrange- AGENT (TBC) - Implications for the Practitioner plus 2 General The Parade, Kilkenny; DX 27012 bulben Road, Drimnagh, Dublin ment) to facilitate retirement 14 & 15 North West General Practice Update Part I & II €80 Part I 4 (by Group Study) Part I Contact Kevin Neary Kilkenny; tel: 056 772 2270, 12, and formerly of Jamestown, within three years. June – in partnership with Donegal and Inishowen Bar €115 Part II 6 (by Group Study) Part II 14 & 15 North West General Practice Update Part I & II €80 Part I 4 (by Group Study) Part I email: [email protected] Ballyforan, Ballinasloe, Co Gal- Donnelly Neary & Donnelly Associations Solis Lough Eske Castle Hotel, Donegal (Parts I and II €170) Replies by email to Russell & Co, June – in partnership with Donegal and Inishowen Bar €115 Part II 6 (by Group Study) Part II way, who died on 28 February 1 Downshire Road Newry Associations Solis Lough Eske Castle Hotel, Donegal ( Hot (Parts lunch I and and II networking €170) management & software con- Associations Solis Lough Eske Castle Hotel, Donegal (Parts I and II €170) Kelleher, Marjorie (otherwise 2017. Would any person hold- sultants to the legal profession: DX2056 NR Newry (dHotrinks lunch included and networking in price) (Hot lunch and networking Margaret) (deceased), late of ing or having knowledge of the [email protected]. Absolute Email: [email protected] drinks included in price) drinks included in price) Mount Alvernia Nursing Home, whereabouts of any will made by confidentiality guaranteed. www.dndlaw.com For a complete listing of upcoming events including online courses, visit www.lawsociety.ie/CPD or contact a member of the Law Society Professional Mallow, Co Cork, and formerly of the above-named deceased please ForTraining a complete team onlisting : p: 01 of 881 upcoming 5727 e :events [email protected] including online f :courses, 01 672 4890 visit www.lawsociety.ie/CPD or contact a *Applicablemember of to the Law Law Society Society Skillnet Professional members Training team on : p: 01 881 5727 e: [email protected] f: 01 672 4890 *Applicable to Law Society Skillnet members

LSPT March Ad 2018.indd 1 07/02/2018 10:46

LSPT March Ad 2018.indd 1 07/02/2018 10:46 68 March 2018 Law Society Gazette | gazette.ie NOTICES PROFESSIONAL NOTICES

714 1315, email: [email protected] Fernville, Lismore, Co Water- to the lessee’s interest pursu- intermediate interest are called ford; tel: 058 54658, email: info@ ant under the said lease, intends upon to furnish evidence of such O’Donovan, Joseph (deceased), neiltwomeysolicitors.com to submit an application to the title to the below named within 21 late of 3 St Joseph’s Terrace, county registrar for the county of days from the date of this notice. Kinsale, Co Cork, who died Walsh, John (deceased), late Dublin for the acquisition of any In default of any such notice on 30 December 2017. Would of 10 Rathmore Avenue, Lower intermediate interest in the afore- being received, O’Mahony Hold- any person having knowledge Kilmacud Road, Stillorgan, Co said property. ing SPRL intends to proceed of a will made by the above- Dublin. Would any person hav- Any party asserting that they with the application before the named deceased please contact ing knowledge of a will made by hold the lessor’s interest in the county registrar at the end of 21 O’Donovan & Co, Solicitors, the above-named deceased, who said lease are hereby called days from the date of this notice The Old Brewery, The Glen, died on 26 October 2011, please upon to furnish evidence of and will apply for all directions as Kinsale, Co Cork; tel: 021 477 contact Joseph T Mooney & such title to the below named maybe appropriate on the basis 7031, email: info@odonovanan Co, Solicitors, 22 Upper Mount within 21 days from the date of that the person or persons ben- dco.ie Street, Dublin 2; tel: 01 662 4299, this notice. Take notice that, in eficially entitled to any interme- email: [email protected] default of any such notice being diate interest in the property are O’Neill, Sioda (deceased), late received, O’Mahony Holding unknown or unascertained. of 4 Glandore Road, Drumcon- Warren, Thomas (deceased), SPRL intends to proceed with Date: 2 March 2018 dra, Dublin 9, who died on 22 late of 2 Meadow Avenue, the application before the county Signed: CCK Law Firm (solici- February 2017. Would any per- Churchtown, Dublin 16, who registrar at the end of 21 days tors for O’Mahony Holding SPRL), son having knowledge or posses- died on 26 September 2016. from the date of this notice and Newmount House, 22-24 Mount sion of any will executed by the Would any person knowing the will apply for all directions as Street Lower, Dublin 2 above-named deceased, please whereabouts of the will of the maybe appropriate on the basis contact Brennan & Co, Solicitors, above-named deceased, dated that the person or persons ben- In the matter of the Landlord Denshaw House, 121 Lower Bag- 5 March 2007, please contact eficially entitled to any interme- and Tenant (Ground Rents) (No got Street, Dublin 2; tel: 01 659 McGonagle Solicitors, 1 Main diate interest in the property are 2) Act 1978 and any person hav- 9464, email: [email protected] Street, Dundrum, Dublin 14; unknown or unascertained. ing any interest in the freehold tel: 01 633 9972, email: info@ Date: 2 March 2018 estate or any intermediate inter- Rothwell, Frances Kathleen mcgonagle.ie Signed: CCK Law Firm (solici- est in the property immediately to (deceased), late of 4 Devonshire tors for O’Mahony Holding SPRL), the southwest at the rear of prop- Cottages, Lismore, Co Water- TITLE DEEDS Newmount House, 22-24 Mount erty at 44-45 Highfield Road, ford, who died on 12 January In the matter of the Landlord Street Lower, Dublin 2 Rathgar, in the city of Dublin, 2018. Would any person having and Tenant (Ground Rents) (No and held under a lease dated 10 knowledge of any will made by 2) Act 1978 with regard to prop- In the matter of the Landlord January 1905 between Adelaide the above-named deceased please erty abutting Highfield Road, and Tenant (Ground Rents) (No S Bond and Emily H Bond of the contact Neil Twomey & Co, Rathgar, and numbered 44 and 2) Act 1978 and any person hav- one part and John Charles Meyers Solicitors, Fernville, Lismore, Co 45, and the holder of the lessor’s ing any interest in the freehold of the other part, for a term of 500 Waterford; tel: 058 54658, email: interest in a lease dated 28 April estate or any intermediate inter- years from 1 January 1905, for a [email protected] 1862, made between Gerald est in the property immediately yearly rent of £53, 10 shillings. Osbrey, Charles Doherty Quin- to the rear of property at 44-45 Take notice that O’Mahony Ryan, Carmel (deceased), late lan, and Elizabeth Osbrey of the Highfield Road, Rathgar, in the Holding SPRL, being the party of 55 Westcourt, Ballincollig, Co one part, and John Conroy of the city of Dublin, and held under a now entitled to the lessee’s inter- Cork, who died on 28 November other part, for a term of 200 years lease dated 22 December 1892 for est under the said lease, intends 2017. Would any person having from 1 November 1861, whereby a term of 200 years from 1 Janu- to submit an application to the knowledge of the whereabouts O’Mahony Holding SPRL, ary 1893, made between Adelaide county registrar for the county of of any will made by the above- being the party now holding the Susanna Bond, Louisa J Bond, Dublin for the acquisition of the named deceased please contact property, entitled to the freehold and Emily H Bond of the one freehold interest and any inter- Neil Twomey & Co, Solicitors, interest in the property and also part, and John Charles Meyers of mediate interest in the aforesaid the other part, subject to a yearly property, and any party asserting rent of £6. that they hold the freehold or any IS YOUR CLIENT INTERESTED Take notice that O’Mahony such intermediate interest are IN SELLING OR BUYING Holding SPRL, being the party called upon to furnish evidence now entitled to the lessee’s inter- of such title to the below named est under the said lease, intends within 21 days from the date of A 7-DAY LIQUOR LICENCE? to submit an application to the this notice. email: [email protected] county registrar for the county of In default of any such notice Dublin for the acquisition of the being received, O’Mahony Hold- web: www.liquorlicencetransfers.ie freehold interest and any inter- ing SPRL intends to proceed mediate interest in the aforesaid with the application before the Call: 01 2091935 property. Any party asserting that county registrar at the end of 21 they hold the freehold or any such days from the date of this notice Law Society Gazette | gazette.ie March 2018 69 PROFESSIONAL NOTICES NOTICES

and will apply for all directions as In the matter of the Landlord ary 1862 between Henry Coul- Signed: CCK Law Firm (solicitors for maybe appropriate on the basis and Tenant (Ground Rents) (No son Beauchamps of the one part O’Mahony Holding SPRL), New- that the person or persons ben- 2) Act 1978 and any person hav- and Gerald Osbrey of the other mount House, 22-24 Mount Street eficially entitled to any interme- ing any interest in the freehold part; a lease dated 4 July 1843 Lower, Dublin 2 diate interest in the property are estate or any intermediate inter- between Thomas Osbrey, Gerald unknown or unascertained. est in the property that was previ- Osbrey, George Bonynge Roch- In the matter of the Landlord Date: 2 March 2018 ously part of the yard adjacent to fort, Elizabeth Osbrey, Elizabeth and Tenant Acts 1967-2005 and Signed: CCK Law Firm (solici- Orwell Cottages, Rathgar, Dub- L’Estrange, and Charles Doherty in the matter of the Landlord tors for O’Mahony Holding SPRL), lin 6, and held under a lease dated Quinlan of the one part, and and Tenant (Ground Rents) (No Newmount House, 22-24 Mount 19 October 1907 between Mary Henry Littlewood of the other, 2) Act 1978 and in the matter of Street Lower, Dublin 2 Dorothea Brevoort Lefferts, Eda for a term of 287 years from 24 an application by Meave (other- Elizabeth Osbrey Pierson, and June 1843 at a yearly rent of £30; wise Maeve) Spain In the matter of the Landlord Mary Louise Osbrey of the one and a lease dated 10 September Any person having a freehold estate and Tenant (Ground Rents) (No part, and William Crighton of 1844 between Thomas Osbrey, or any intermediate interest in 2) Act 1978 and any person hav- the other part, for a term of 227 Gerald Osbrey, George Bonynge either (i) 5 Blessington Court (oth- ing any interest in the freehold years from 29 September 1907 at Rochfort, Elizabeth Osbrey, erwise 1A Blessington Court), off estate or any intermediate interest the yearly rent of £1. Elizabeth L’Estrange, and Charles Dorset Street, Dublin 1, being the in the property previously known Take notice that O’Mahony Doherty Quinlan of the one part, property the subject of an inden- as Orwell Cottages, Rathgar, Holding SPRL, being the party and Henry Littlewood of the ture of lease dated 3 April 1948 Dublin 6, with the adjacent yard, now entitled to the lessee’s inter- other, for a term of 240 years from between Kathleen O’Sullivan (née and now at 13 Orwell Road and est pursuant under the said lease, 10 September 1844 at a yearly Sherlock) and Mary Sherlock of held under a lease dated 19 Octo- intends to submit an application rent of £1; and part of which is the one part, and Joseph Connolly ber 1907 between Eda Elizabeth to the county registrar for the also held under a lease dated 1 of the other part, for a term of 99 Osbrey Pierson of the one part county of Dublin for the acquisi- October 1930 between William years from 1 March 1948 at an and William Crighton of the tion of the freehold interest and Hogg, William Geoffrey Harvey annual rent of £45, and held by other part, for a term of 500 years any intermediate interest in the and William Ronald Crighton for Meave (otherwise Maeve) Spain from 29 September 1907, at the aforesaid property, and any party a term of 99 years from 1 October as lessee under the said lease, or yearly rent of £59. asserting that they hold the free- 1930, subject to but indemnified (ii) additional property (a stamping Take notice that O’Mahony hold or any intermediate interest against a yearly rent of £30. and asset room) immediately adja- Holding SPRL, being the party are called upon to furnish evi- Take notice that O’Mahony cent to the property at (i) above and now entitled to the lessee’s inter- dence of such title to the below Holding SPRL, being the party not included in the original prem- est under the said lease, intends named within 21 days from the now entitled to the grantee’s ises the subject of the said lease, but to submit an application to the date of this notice. interest under the said fee farm occupied by the lessee in conjunc- county registrar for the county of In default of any such notice grant and to the lessee’s interests tion with same for many years as if Dublin for the acquisition of the being received, O’Mahony Hold- pursuant to each of the aforemen- it formed part thereof. freehold interest and any inter- ing SPRL intends to proceed tioned leases, intends to submit an Take notice that Ms Spain mediate interest in the aforesaid with the application before the application to the county registrar intends to apply to the county reg- property, and any party asserting county registrar at the end of 21 for the county of Dublin for the istrar of the county of Dublin to that they hold the freehold or any days from the date of this notice acquisition of the freehold inter- vest in her the fee simple and any intermediate interest are called and will apply for all directions as est and any intermediate interests intermediate interests in the said upon to furnish evidence of such maybe appropriate on the basis in the aforesaid property, and any property, and any party asserting title to the below named within 21 that the person or persons ben- party asserting that they hold that they hold a superior interest days from the date of this notice. eficially entitled to any interme- the freehold or any intermediate in the aforesaid property is called In default of any such notice diate interest in the property are interests are called upon to fur- upon to furnish evidence of title to being received, O’Mahony Hold- unknown or unascertained. nish evidence of such title to the same to the below-named within ing SPRL intends to proceed with Date: 2 March 2018 below named within 21 days from 21 days from the date of this notice. the application before the county Signed: CCK Law Firm (solicitors the date of this notice. In default of any such notice registrar at the end of the 21 days for O’Mahony Holding SPRL), In default of any such notice being received, Ms Spain intends from the date of this notice and Newmount House, 22-24 Mount being received, O’Mahony Hold- to proceed with the application will apply for all directions as Street Lower, Dublin 2 ing SPRL intends to proceed with before the Dublin county registrar maybe appropriate on the basis the application before the county at the end of 21 days from the date that the person or persons ben- In the matter of the Landlord registrar at the end of the 21 days of this notice and will apply to the eficially entitled to any interme- and Tenant (Ground Rents) (No from the date of this notice and Dublin county registrar for such diate interest in the property are 2) Act 1978 and any person hav- will apply for all directions as directions as may be appropriate on unknown or unascertained. ing any interest in the freehold maybe appropriate on the basis the basis that the person or persons Date: 2 March 2018 estate or any intermediate interest that the person or persons ben- beneficially entitled to the superior Signed: CCK Law Firm (solici- in the property known as 27-29 eficially entitled to any interme- interests including the freehold tors for O’Mahony Holding SPRL), Orwell Road, Rathgar, Dublin diate interest in the property are reversion in the aforesaid property Newmount House, 22-24 Mount 6, parts of which are held under unknown or unascertained. are unknown or unascertained. Street Lower, Dublin 2 a fee farm grant dated 5 Febru- Date: 2 March 2018 Date: 2 March 2018 1999

1999 2018

2018

1999

1999 2018

2018

HELPING THE HOMELESS IN DUBLIN ANDHELPING CALCUTTA THE HOMELESS FOR 20 YEARS IN DUBLIN SATURDAYAND CALCUTTA FOR 20 YEARS 26SATURDAY MAY BLACKHALL26 MAY PLACE BLACKHALL PLACE CELEBRATE THE 20TH ANNIVERSARY! CELEBRATE THE 20TH ANNIVERSARY! 5 OR 10km Run/Walk 505 OR OR 10 100kmkm Run Cycle/Walk Route 50 Tennis OR 100& km Soccer Cycle Tournaments Route Tennis & Soccer Tournaments FINISH LINE FESTIVAL www.calcuttarun.com FINISH LINE FESTIVAL

www.calcuttarun.comSponsored by: