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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 SOCIETY GAZETTE • Vol LAW 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.
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