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Leave It to the Pros to Protect Your Data LAW SOCIETY GazetteGazette€3.75 November 2008 CALLCALL FORFOR BACKUP!BACKUP! Leave it to the pros to protect your data INSIDE: SOUND FINANCIAL MANAGEMENT • WILLS AND TAX ISSUES • REGULATION DEPT RELOCATION New from Tottel Publishing NEW EDITION Companies Acts 1963–2006 2008 Edition By Lyndon MacCann SC and Dr. Thomas B. Courtney Contributor: Mr Paul Egan Your company law companion This in-depth legal book is an invaluable compendium of the Acts of Oireachtas and statutory instruments in use within Irish Company Law. Every relevant piece of company law legislation is included, fully consolidated, with incisive commentary and notes on each section. Essential NEW content for 2008 Updated case law including commentary on the Supreme Court judgment in DCC v Fyffes Information on the Transparency (Directive 2004/109/EC) Regulations 2007 (SI 277/2007) EC (Admissions to Listing and Miscellaneous Provisions) Regulations 2007 (SI 286/2007) The NEW Interim Transparency Rules issued by the Financial Regulator Coverage of the European Communities (Cross-Border Mergers) Regulations 2008 (SI 157/2008) Regulation of Business Name Acts 1963 Commission Regulation (EC) NO. 809/2004 plus Commission Regulation (EC) No 1569/2007 To stay on top of the latest regulations and legal developments, order your copy of this detailed book TODAY. ISBN: 978 1 84766 068 8 Format: Paperback Publication date: November 2008 List price: €195 NEW TITLE NEW EDITION Technology Murdoch's and IP Law Dictionary of General Editor: Mark Hyland Irish Law 5/ed Your BRAND NEW guide By Dr Brian Hunt BL, to Technology and Mason Hayes+Curran Intellectual Property Law Consultant Editor: Henry Murdoch This excellent legal resource Your A to Z legal essential examines all aspects of the distinct but highly related fields ‘The work ought to grace the of Technology Law and IP Law. shelves of every legal practitioner, It supplies clear legal guidance but is by no means confined in its and will help resolve the complex scope to lawyers’ The Irish Times legal problems that increasingly arise in these fields of law. The original and best dictionary of Irish law. This latest edition of a The legal aspects of technology and IP are highly contentious popular best seller defines the principal words, concepts and phrases, and becoming increasingly important for companies in all their legal source, whether statutory or judicial, and gives a brief sectors. Make sure your clients receive accurate advice by introduction to the law. Extensively cross-referenced to the relevant ordering a copy of Technology and IP Law without delay. articles and books which can be consulted for further information, this ISBN: 978 1 84766 094 7 Format: Paperback title examines every area of Irish law in detail. Publication date: August 2008 List price: €80 Place your order without delay. Price: €115 (approx) ISBN: 978 1 84766 164 7 Format: Hardback Publication date: December 2008 Publishing soon: Irish Family law Bohan: Capital Children's Rights in Religion, Education Judicial Review 2/ed Handbook 3/ed Acquisitions Tax 3/ed Ireland: Law, Policy & the Law ISBN: 9781847661432 ISBN: 978 1 84766 253 8 ISBN: 978 1 84766 243 9 and Practice ISBN: 978 1 84766 064 0 Publication date: Nov 2008 Publication date: Nov 2008 Publication date: Oct 2008 Publication date: Oct 2008 ISBN: 978 1 84592 157 6 Publication date: Oct 2008 ORDER YOUR COPIES USING OUR 30-DAY FREE TRIAL OFFER TODAY Call Direct Sales on: 0044 1235 465500 Fax: 0044 1235 465556 Email: [email protected] Write to: Jennifer Lynch, Tottel Publishing, Fitzwilliam Business Centre, 26 Upper Pembroke Street, Dublin 2, Ireland Website: www.tottelpublishing.com HowdoIsave2hoursofmyvaluable timefindingouttheeffectofaleading /VATcaseinAustriaonmybusiness? LexisNexis®EU Tax Cases Tracker EUTaxCasesTrackeristhenewonlineservicefromLexisNexisthatallowsyoutonot onlyassesshowadirectorindirecttaxcaseinEuropemayaffectyou,butalso,in onesimplesearch,willshowyouthefulljudgment,businessnotes,HMRCguidance, legislation,commentary,relatedcasesandmuchmore,ALLinONEplace. Ifyouarespendingtimesearchingforallthisinformationacrossmultiplesites,then EUTaxCasesTracker,withitscoverageacrosskeyMemberStates,willenableyouto work quicker and smarter. 16 expert EU consultants, practising in the key EU jurisdictions and led by Philip Baker QC, will ensure that the service offers you real-time, authoritative information upon which you can rely. This specialist panel will provide vital information across theMemberStatesonthelatestjudgmentsandtheirimpactineachcountry,andlittle knownfactsaboutleadingdomesticjudgmentsnotreferredtotheECJ. For a free trial or more information on EU Tax Cases Tracker and EU Tracker, please go to www.lexisnexis.co.uk/internationaltax or call Seamus Donnelly on 07917 534236 or email [email protected] Also from LexisNexis, EU Tracker: tracks the true status of directives across Member States www.lexisnexis.co.uk/abouteutracker © LexisNexis 2008 LAW SOCIETY GAZETTE NOVEMBER 2008 CONTENTS LAW SOCIETY On the cover LAW SOCIETY Starsky and Hutch were always Gazette€3.75 November 2008 getting into tight corners, but they were also always able to call Huggy Bear for backup. But are Irish solicitors’ firms playing Gazette cops and robbers with their sensitive data? November 2008 CALL FOR PIC: REX FEATURES BACKUP! Leave it to the pros to protect your data Volume 102, number 9 INSIDE: SOUND FINANCIAL MANAGEMENT • WILLS AND TAX ISSUES • REGULATION DEPT RELOCATION Subscriptions: €57 REGULARS 5 President’s message 7 News Analysis 14 14 News feature: how the Society’s compensation fund works 16 News feature: IBA conference criticises the USA’s use of torture 19 News feature: the costs of taking an unreasonable position in mediation 20 Human rights watch: wearing the hijab in school 17 20 One to watch: Broadcasting Bill 2008 Comment 24 Viewpoint: unmet legal needs and equal access to justice 50 People and places Book review 55 Delegation of Governmental Powers to Private Parties 56 Tech trends Briefing 58 58 Council report 59 Practice note 61 Legislation update: 16 September – 20 October 2008 53 62 Firstlaw update 64 Eurlegal: criminal effects of competition law in Ireland 68 Professional notices 72 Recruitment advertising Editor: Mark McDermott. Deputy editor: Dr Garrett O’Boyle. Designer: Nuala Redmond. Editorial secretaries: Valerie Farrell, Laura Wipfler. For professional notice rates (lost land certificates, wills, title deeds, employment, miscellaneous), see page 69. Commercial advertising: Seán Ó hOisín, 10 Arran Road, Dublin 9; tel: 01 837 5018, fax: 01 884 4626, mobile: 086 811 7116, email: [email protected]. Printing: Turner’s Printing Company Ltd, Longford. Editorial board: Stuart Gilhooly (chairman), Mark McDermott (secretary), 54 Michael Kealey, Mary Keane, Aisling Kelly, Patrick J McGonagle, Ken Murphy. 2 www.lawsociety.ie CONTENTS LAW SOCIETY GAZETTE NOVEMBER 2008 Get more at lawsociety.ie PROFESSIONAL NOTICES: send your small advert details, with payment, to: Gazette Offi ce, Blackhall Place, Dublin 7, tel: 01 672 4828, or email: [email protected]. Gazette readers can access back issues of the ALL CHEQUES SHOULD BE MADE PAYABLE TO: LAW SOCIETY OF IRELAND. magazine as far back as Jan/Feb 1997, right up to the current issue at lawsociety.ie. COMMERCIAL ADVERTISING: contact Seán Ó hOisín, 10 Arran Road, Dublin 9, tel: 01 You can also check out: 837 5018, fax: 884 4626, mobile: 086 811 7116, email: [email protected] • Current news • Forthcoming events, including CPD seminar HAVE YOU MOVED? Members of the profession should send change-of-address (three hours’ group study) on management details to: IT Section, Blackhall Place, Dublin 7, or to: [email protected] and professional development, 12 December, Subscribers to the Gazette should send change-of-address details to: Blackhall Place Gazette Offi ce, Blackhall Place, Dublin 7, or to: [email protected] • Employment opportunities • The latest CPD courses HOW TO REACH US: Law Society Gazette, Blackhall Place, Dublin 7. … as well as lots of other useful information Tel: 01 672 4828, fax: 01 672 4877, email: [email protected] FEATURES COVER STORY: 26 Call for backup! Irish firms show a mixed attitude to safeguarding their data, but there are compelling reasons for regularly backing up important files so that information can be quickly and easily recovered. Gordon Smith tests the safety net Saving for a rainy day 30 As the economic climate changes, so do the challenges of managing your finances. David Rouse looks at some of the issues and provides food for thought about the sound management of your personal finances The best will in the world 34 Not every child dissatisfied with the terms of a parent’s will has a cause of action pursuant to section 117 of the Succession Act 1965. Rita Considine points out some important things to remember Balance of probabilities 38 In the first of two articles on legal liability for hospital- 34 acquired infections, Rody O’Brien examines the concept of causation and relevant British case law Bending over backwards 42 It is commonly believed that the Labour Relations Commission’s Code of Practice on Access to Part-time Work is not legally binding. Though true in theory, the reality is quite different. Colm O’Connor assesses your flexi-time request Hail to the chief 46 As CEO of the Courts Service for almost ten years, PJ Fitzpatrick has overseen the transformation of the system into a modern, 21st century organisation. The Gazette spoke to
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