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Law Society Gazette • Vol 108 No 1 JAN/FEB 2014 Law Society of Ireland gaLaw Society ette law society gazette www.gazette.ie Jan/Feb 2014 president’s message 1

getting it right

t is hard to believe that two months have passed since I was appointed as president of the Society, but it has been a very busy time so far. Prior to my appointment, I had chaired the task force looking into the future of the Society in light of the Legal Services Regulation Bill. That task force reported to theI Council in July of last year and its report was adopted in full. Acting on the report’s recommendations, already the Society has taken steps to beef up its representational role. A programme has also begun to improve how the Society delivers services to its members, and a pilot scheme is under way to assist solicitors in competing for the provision of legal services on the web. The conclusion of the commitee stage of the Legal Services Regulation Bill by the Justice Committee will be on 12 February next. At It would be a the time of writing, we await sight of the draft amendments to be considered by the committee serious breach on that date. of citizens’ rights to Independence of the legal profession Pace of progress allow the Government is the cornerstone of a democracy. That Many people have been critical of the rate of ‘access to their independence is pretty much worthless progress of the bill and, indeed, many of the if a government, through its agencies or substantive issues that were to have been dealt legal advice in any way, can gain access to the files of with in the committee stage have been postponed citizens held by their lawyers. Over 50% to the report stage for consideration but, in fairness to the of the litigation in this country is conducted by or against minister, he has always maintained that the first draft of the bill the State, and it would be a serious breach of citizens’ was just that: a draft. If the minister is good to his word and rights ’to allow the Government access to their legal advice. has considered all of the sensible amendments put forward by Legal professional privilege is the right of the client, not the Law Society, it will, necessarily, have taken his department the entitlement of the lawyer, and it must be protected as a significant amount of time to accommodate many of the such. suggested improvements to the first draft. The minister had indicated at committee stage that he Whatever the pace of progress of this bill, it is far more is taking legal advice in relation to this matter and is open important to the profession and the public that the minister and to amendments in relation thereto. Any dilution of the his department get it right than that the Government is seen citizen’s entitlement to legal professional privilege will be to pass a bill quickly. There is too much at stake here for this strenuously resisted. matter to be rushed at any stage. Threat to independence Significant cause for concern Of similar concern is the expressed intention of the The transfer of staff, the setting up of the complaints-handling minister, which is not contained in the bill, to enable apparatus, the start-up costs of the regulatory authority, and ‘alternative business structures’ to be established in the the ongoing costs of complaints handling are matters that are legal profession within this jurisdiction. Independence of of significant cause for concern for the Society, and on which the legal profession is threatened by such structures, which detailed submissions have been made to the minister. would enable third parties to invest in law firms. He who In addition, a separate strong submission has been made pays the piper calls the tune, and there is untold conflict in relation to sections 15 and 17 of the bill, as drafted, which awaiting the new Legal Services Regulation Authority contains an attack on legal professional privilege. if third parties are allowed to invest in law firms.

John P Shaw President 2 contents law society gazette www.gazette.ie Jan/Feb 2014

gaLaw Society ette

• Vol 108 No 1 No 108 Vol • Gazette Society Law

having your collar felt Recent white-collar case law has given criminal lawyers Jolly green giant something to go on New energy efficiency rules will have implications for all #21st_century_courts building-sector stakeholders An Australian court is embracing social media in the name of transparency 44 galaw SocieTy ette€4.00 Jan/FeB 2014

cover story

JAN/FEB 2014 2014 JAN/FEB 28 Blinded by the light How can you protect a right to light in the built environment? And what is a right to light? Terry O’Malley turns to the dark side winner The righT T Law Society of Ireland of Society Law o lighT Breaches could leave developers in the shade 22 features 32 Aid memoire 40 Collared! The Courts and Civil Law (Miscellaneous The dearth of sentencing in white-collar Provisions) Act 2013 addresses the need for crime has meant that practitioners have legal aid to the next-of-kin at inquests into had relatively little to go on when advising deaths occurring in circumstances where clients. But recent cases have changed all it appears that agents of the State are that. Dara Robinson points the finger implicated. Pádraig Cullinane explains 44 Memory man 36 Green light When he retired last December, The new Energy Efficiency Directive has Bandon-based solicitor Edward broad implications for all building-sector O’Driscoll was one of the longest-serving stakeholders and their legal advisors. practitioners in the country. Mark 32 Heather Murphy gives the green light McDermott met him at his office

Law Society Gazette Volume 108, number 1 law society gazette Subscriptions: €60/€90 Blackhall Place, Dublin 7. Tel: 01 672 4828, fax: 01 672 4801, email: [email protected] Editor: Mark McDermott FIIC Deputy editor: Dr Garrett O’Boyle PROFESSIONAL notices: send small advert details, with payment, to: Gazette Art director: Nuala Redmond Office, Blackhall Place, Dublin 7, tel: 01 672 4828, or email: [email protected]. Editorial secretaries: Catherine Kearney, Valerie Farrell All cheques should be made payable to: Law Society of Ireland. Printing: Turner’s Printing Company Ltd, Longford Editorial board: Michael Kealey (chairman), COMMERCIAL ADVERTISING: contact Seán Ó hOisín, 10 Arran Road, Dublin 9, Mark McDermott (secretary), Mairéad Cashman, tel: 01 837 5018, fax: 884 4626, mobile: 086 811 7116, email: [email protected] Paul Egan, Hilary Forde, Richard Hammond, Mary Keane, Aisling Kelly, Teri Kelly, Tracy Lyne, HAVE YOU MOVED? Members of the profession should send change-of-address details to: Patrick J McGonagle, Aisling Meehan, Heather IT Section, Blackhall Place, Dublin 7, or to: [email protected] Murphy, Ken Murphy, Andrew Sheridan law society gazette www.gazette.ie Jan/Feb 2014 contents 3

40 24 regulars 4 Frontline 48 Books 48 Book reviews: Consolidated Bankruptcy 7 News and Personal Insolvency Legislation and Banking Law 16 People 48 Reading room: updates from the Law Society Library 21 Comment 21 Letters 50 Briefing 22 Viewpoint: An Australian court is 50 Council report: 13 December 2013 making the most of social media 51 Practice notes 9 24 Viewpoint: Circuit Court examinerships 54 Legislation update: – are they the way forward for struggling 12 November 2013 – 9 January 2014 businesses? 56 One to watch: Inquiries Act 2013 57 Regulation 26 Analysis 58 Eurlegal: Copyright, technology, and 26 Human rights watch: Annual Human proportionality; recent developments in Rights Conference, 2013 European law 61 Professional notices 63 Recruitment advertising 64 Final verdict 21

Get more at Dislaimer FSC independently certified wood and paper products used by the Law Society Gazette The Law Society of Ireland can accept no come from ecologically managed forests. responsibility for the accuracy of contributed Visit: www.fsc.org www.lawsociety.ie articles or statements appearing in this magazine, Gazette readers can access back issues of the and any views or opinions expressed are not PEFC certifies that wood and paper products magazine as far back as Jan/Feb 1997, right necessarily those of the Law Society’s Council, used by the Law Society Gazette are sourced save where otherwise indicated. No responsibility by suppliers from sustainable, managed up to the current issue at www.gazette.ie. forests. Visit: www.pefc.org for loss or distress occasioned to any person acting You can also check out: or refraining from acting as a result of the material The Law Society Gazette is a full participating • Current news in this publication can be accepted by the authors, member of the Press Council of Ireland and contributors, editor or publishers. The editor M supports the Office of the Press Ombudsman. R • Forthcoming events, including the Law Society s e e reserves the right to make publishing decisions on cy in This scheme, in addition to defending the cle Magaz Annual Conference 2014 in Dromoland Castle, any advertisement or editorial article submitted to freedom of the press, offers readers a quick, fair and free method of dealing with Co Clare, on 25/26 April this magazine, and to refuse publication or to edit • Employment opportunities complaints that they may have in relation to ar- any editorial material as seems appropriate to him. ticles that appear on our pages. To contact the • The latest CPD courses Professional legal advice should always be sought Office of the Press Ombudsman go to:www. … as well as lots of other useful information in relation to any specific matter. pressombudsman.ie or www.presscouncil.ie. 4 frontline law society gazette www.gazette.ie Jan/Feb 2014 nationwide New from around the country kerry galway Kevin O’Higgins is the Law Ringing in Society’s senior Chief Justice visits the vice-president Kingdom of Kerry the changes The new committee elected at the AGM on 13 December 2013 comprises James Seymour (president), David Higgins (vice- president), Cairbre O’Donnell dublin (treasurer), Ronan Murphy (PRO) and John Martin (secretary); committee members: Clodagh ‘Viva Espana!’ Gallagher, Lorna Cahill, Ian Foley, for DSBA? Brendan O’Connor, Grainne McDonagh and Yvonne Francis. Keith Walsh and his council The association wishes to thank colleagues have done great work all of its members for their support on the Legal Services Regulation during the year and for the great Bill. This has complemented the turnout at the Christmas social. excellent work being done by the James Seymour (president) Law Society task force. The signs confirms that the committee is are encouraging on a number of currently working on the CPD fronts. programme for 2014, which will Dublin colleagues were provide at least 25 hours of CPD, delighted to note the appointment free of charge, to all members of solicitor Max Barrett to the who pay their annual membership High Court recently, where he subscription of €50. All 2014 joins his other illustrious colleagues subscriptions should be sent Mr Justices Peart, Sheehan to Cairbre O’Donnell, GSBA and White. With several more Patrick Mann (president, Kerry Law Society) welcomed the Chief Justice treasurer, C/o John C O’Donnell appointments in the offing, let’s Mrs Justice Susan Denham to the society’s annual dinner on 7 December & Sons, Solicitors, Atlanta House, hope that the solicitors’ profession’s Prospect Hill, Galway DX 4502 4:1 numerical advantage over our Kerry Law Society’s year were rarely members of either Galway. Bar colleagues can be reflected in effectively finished on 7 profession. This now compares future appointments. December with its annual with the 50% of women now As we know, the Law Society’s dinner. Chief Justice Susan serving in the solicitors’ mayo conference is being held in Denham was the special guest. profession. Dromoland Castle, Co Clare, this She emphasised the connections Addressing the impact of EU year the weekend after Easter – a between Kerry and the legal law on the State, she pointed Concern over fitting location for president Shaw. community, from the days of out that the volume of law being Keith Walsh, as many will Daniel O’Connell right up to the processed in the EU on a daily closures know, hails from Mayo but, unlike present day. She dealt with the basis, by each country, was a Charlie Gilmartin was delighted John Shaw, is not likely to be role of the rural solicitor and challenge in terms of keeping with the turnout for the holding his conference in his home acknowledged that the downturn up with the changes. Christmas dinner dance in county. Neighbours of Keith’s in had affected country practices Finally, she dealt with Mount Falcon. Colleagues and Stoneybatter tell of hearing the in a most acute manner. She children’s rights, discussing the their guests from throughout melodic sounds of a Spanish guitar! stated, however, that the role of the judge in family law the county attended, including Perhaps, this may be just pre- country solicitor was an integral cases. members of the local judiciary. natal soothing for Keith’s beloved member of the community in During the question-and- Fellow practitioners have Moira, or possibly a clue to the which they served, providing a answer forum, it would appear been particularly concerned conference’s destination! If so, valuable service that often went from her replies that the Chief about the closure of rural does it point to Bilbao, Seville or a above and beyond the call of Justice expects the new Court courthouses, with Swinford the return to Madrid? duty. of Appeal to be up and running most recent (see page 15 of this The DSBA will hold a dinner for Reflecting on 40 years in the by the beginning of October Gazette). While understandable, members on 13 June in Thomas profession, she spoke on the 2014, and that the increase in in the bigger picture it’s Prior House in Ballsbridge. This role of women, remarking on the jurisdiction in the Circuit and challenging for those colleagues new event to the calendar will fact that when she began her District Courts will be in place who practice in the locality of feature also the inaugural award for career as a barrister, women early in 2014. the affected courthouses. the ‘Law Book of the Year’. law society gazette www.gazette.ie Jan/Feb 2014 frontline 5 representation galway business LAW COMMITTEE News from the Society’s Committee calls for Committees and Task Forces alternative to examinership FAMILY AND CHILD LAW COMMITTEE The Business Law Committee and cost-effective approach welcomes the enactment of the was required, involving the so-called ‘examinership lite’ facilitation of corporate voluntary Property adjustment orders provisions in the Companies arrangements (CVA). These are (Miscellaneous Provisions) Act 2013, well-established mechanisms for and lending institutions: which allow small companies to dealing with corporate insolvency apply directly to the Circuit Court in many jurisdictions, including let us hear your views to have an examiner appointed. Britain. The committee recognises the As part of a CVA, no Since 2008 and the drop in out very briefly the facts that benefit for small businesses to seek independent accountant’s report value of residential properties, could and should be considered examinership through the Circuit is required; rather, the directors arrangements that were relevant in determining whether a Court, but suggests that a more prepare a proposal (with the achievable and standard during lending institution should consent radical and cost-effective approach assistance of an insolvency the ‘Celtic’ years became to the release of one party to should still be pursued. practitioner). The insolvency extremely problematic, mainly a mortgage. Any experiential The level of corporate practitioner gives an opinion due to the attitude of the lending knowledge that you may have and insolvency in Ireland is still very on the likelihood of success of institutions. As we are all aware, difficulties encountered would worrying, and it is important the proposal and will then act things are dealt with on a case- be useful in putting together our to put in place a system that as nominee to supervise the by-case basis, and there is very submission. The names of parties allows viable companies to implementation of the proposal. little consistency among the should be redacted. restructure their liabilities and The CVA has some similarities to lending institutions in relation We feel it is also critical that, preserve employment. While the debt settlement arrangements to the circumstances in which if options to transfer a property the amendment to the rules for individuals introduced under they will consent to the transfer are going to be on the table on examinership is a useful the Personal Insolvency Act 2012. of a property to one spouse and in any settlement consultation development, it does not deal The committee believes that release the other spouse from then, without prejudice to the with the very high cost of an amendments to legislation could the terms and conditions of the decisions to be made, both examination as a burden on be made to satisfy concerns mortgage. parties should actively cooperate already weakened companies. expressed as to whether a CVA It is timely, therefore, that the in letters of enquiry going to Companies seeking an process would be compatible with Family and Child Law Committee their lending institution. It is felt examination in the Circuit Court the constitutional property rights has been considering this matter that such cooperation can be will benefit from a reduction of of secured creditors. and wishes to propose criteria directed by the county registrar mayo the legal costs. However, the As these mechanisms work that should and could be taken at case progression stage when change will not alleviate the well elsewhere at substantially into consideration by each of the issues are being canvassed costs of preparing the required less cost than examinership or its the lending institutions for the between the parties. accountant’s report and ancillary equivalent (we believe somewhere purpose of issuing an approval to If colleagues have views non-legal costs, which constitute a in the order of Stg£10,000 for a transfer of a family home into that they would like taken into very significant part of the overall a relatively small company), the name of one of the spouses/ account, please send a short costs. the committee suggests that civil partners. email to committee secretary In December 2011, the it is appropriate that these We would therefore like to Colleen Farrell at c.farrell@ committee proposed to the arrangements be given due invite our colleagues to set lawsociety.ie. Government that a more radical consideration in Ireland. consult a colleague 01 284 8484 The Consult a Colleague helpline is available to assist every member of the profession with any problem, whether personal or professional

The service is completely confidential and totally independent of the Law Society 6 frontline law society gazette www.gazette.ie Jan/Feb 2014 representation

eu and international affairs committee CCBE gives Irish lawyers a strong voice in Europe The Council of Bars and Law The head rotates bi-annually Societies of Europe (CCBE) between both institutions, the represents more than one million present being Mr Paul McGarry lawyers across Europe, writes Eva SC. Irish delegates attend Massa. This includes 32 countries regular meetings in Brussels, with ‘full member’ status and 11 at which they contribute to with ‘associate’ and ‘observer’ policy papers, identify areas of country status. concern for the Irish profession, Founded in 1960, the CCBE and state the Irish position represents European bars and on documents for approval. law societies in their common Delegates report back to dealings before European and the delegation and to their other institutions, including respective committees. the European Commission, The CCBE has had two Irish European Parliament, Council of presidents – Mr Justice John D the EU, the European Court of Cooke (1985-1986) and John Fish Justice and the European Court (2002) – and held two plenary of Human Rights. sessions in Dublin coinciding Similar to the Law Society, with these presidencies. View of the CCBE plenary session in Brussels, 29-30 November 2013 the work of the CCBE is carried The input of the Irish out by a series of committees and delegation is highly regarded working groups that report to its within the organisation. standing committee and plenary Ireland has received the full session. The president is elected support of the CCBE in annually and rotates between dealing with national issues different member countries. that were perceived to have a potential negative impact on the Cross-border matters profession. The CCBE focuses on European Further information on the cross-border matters that affect CCBE can be found at www. lawyers and consults with the ccbe.eu; and on the webpage of European Commission on the EU and International Affairs directives that regulate the Committee in the members’ area profession as well as other of www.lawsociety.ie. The CCBE issues, including the impact of Members of the CCBE executive team (front, l to r): Michel Benichou (second also publishes its newsletter competition law on the legal vice-president, standing), Evangelos Tsouroulis (president, 2013), Aldo CCBE-INFO three profession’s core values, market Bulgarelli (president, 2014) and Maria Slazak (first vice-president) to four times a year. liberalisation, access to justice, and the rule of law. The body also represents its members in their dealings with recent ccbe projects global lawyers’ organisations In recent years, the CCBE has recommendations in this as to permit electronic and takes part in the annual developed important projects regard), communication between them, conferences of the International and has had a notable impact • Contribution to European including the participation Bar Association, the American on European legislation in many Commission consultation in the of lawyers in cross-border Bar Association and other bodies. fields including: area of company law (including e-proceedings, • The imperative of professional the issues of single-member • The charter of core principles Highly regarded secrecy when drafting rules on limited liability companies of the European legal Ireland is a full member of the data protection, and cross-border transfers of profession and code of conduct CCBE and Irish lawyers are • The right of access to a lawyer registered offices), for European lawyers (2008), represented through a delegation in criminal proceedings (with • The e-Codex project that aims • Support for lawyer victims of comprising members of the Law the European Parliament to link national e-justice human rights violations around Society and the Bar Council of choosing to follow the CCBE systems to each other so the world. Ireland. law society gazette www.gazette.ie Jan/Feb 2014 news 7

Max Barrett appointed High Court judge Employment P ic Solicitor Max Barrett has been : C law catch-up appointed as a judge in the High ollins Court, writes Caoimhe Harney. Matheson has launched a new Barrett, who qualified in 2001, series of podcasts focusing on Irish was educated at Trinity College employment law. Dublin, University College Each episode consists of short, Dublin and the University of conversational overviews of Salford in Britain. significant recent cases and key He is the former head of developments in legislation of legal and compliance at both interest to employers. Danske Bank Ireland and Presented by Bryan Dunne (head Rabobank Ireland. Barrett also of Matheson’s employment group), served as company secretary they are aimed at HR practitioners, of IBRC (formerly Anglo employment lawyers, in-house Irish Bank), which he joined counsel and employers. in 2010 following the bank’s The podcasts can be downloaded crash. Before his nomination, at www.matheson.com/pages/ he was head of legal at SEB New High Court judges (from l to r): Ms Justice Bronagh O’Hanlon, Mr Justice employment-law-podcast. International Assurance Max Barrett and Ms Justice Marie Baker in Dublin. He has written extensively on anti-money- At 42, he is one of the Court judges on the same day laundering and anti-terrorist- youngest High Court judges were Bronagh O’Hanlon SC and financing legislation. ever. Also appointed as High Marie Baker SC. Liam heads for the Áras P ic : D Track your points with ‘CPD Tracker’ app erek S

A&L Goodbody has launched a CPD The firm’s partner and head peirs tracker app – a useful resource of knowledge, Paula Reid, says: for those who need to keep track “The ability to log attendance of their continuing professional at CPD events ‘on the go’ on development (CPD) status. a smartphone will avoid the The ‘A&LG Legal CPD Tracker’ year-end challenge of trying to app includes a CPD log that remember what training was automatically calculates a user’s actually received. It is also a outstanding CPD for the year and very helpful resource for finding contains FAQs on CPD rules. It opportunities to meet CPD also allows all CPD records to be requirements.” exported via email as a spreadsheet The new app is part of a suite attachment. This useful function of online tools developed by the will prove useful to legal teams firm in the past 18 months that Liam Herrick, the executive who wish to keep track of the includes: ‘Irish HR Law A-Z’ and director of the Irish Penal training received by members and ‘The Irish Data Privacy’ app. Reform Trust (IPRT), to help share material and other The app is free to download on is leaving to take up the knowledge. iPhone, iPad and Android. position of adviser to the President of Ireland, Michael D Higgins. Liam starts in his new role on 10 Legal aid increase mainly due to State actions February 2014. The post of executive The amount paid to criminal has pointed out that this is due promises have been made to director for IPRT will legal aid practitioners received to an increase in the number others that, when the economy be advertised shortly. media coverage across the of sittings and prosecutions improves, public service salaries Contact [email protected] for national broadsheets on 24 brought by the State. Murphy will be restored, and I would further information. IPRT January. The total bill has said that criminal legal aid fees expect in better times that the campaigns for prisoners’ increased by €760,000 to “are at a level bordering on cuts in legal-aid rates to lawyers rights and reform of Irish €47.78 million. uneconomical for a lot of legal must be reversed. It will and penal policy. Director general Ken Murphy firms”. He added that “political must happen soon.” PatrickPatrick Farrell Farrell, , HeadHead ofof PrivatePrivate BankingBanking

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Gazette celebrates awards wins with launch of brand new look pic

The Gazette won ‘Best : pa u

Magazine of the Year’ at the l

Irish Magazines Awards in the sher

business-to-business category w ood yet again. It also won the trophy for ‘Magazine Cover of the Year’ (pictured below). The awards, presented at a glittering gala ceremony in Dublin’s Marker Hotel on 5 December 2013, were attended by the Gazette team – editor Mark McDermott, deputy editor Garrett O’Boyle and art director Nuala Redmond – as well as the Society’s top brass, in the persons of director general Ken Murphy, deputy director general Mary Keane, and director of representation and member services Teri Kelly. On the podium, McDermott paid tribute to the Gazette team for their creativity, dedication and superb teamwork. He also praised the invaluable input of the Gazette Editorial Board, led pic

Celebrating on the double at the Irish Magazine : Awards were (l to r): Mark McDermott (editor), ga

by Michael Kealey, in initiating z article ideas and providing Nuala Redmond (art director), Mary Keane (deputy ette

vital direction on the latest director general), Garrett O’Boyle (deputy editor) and st u developments. Teri Kelly (director of representation and member dio services) Keynote speaker and former director-at-large of Hello!, Sally Cartwright, singled out the significant revamp Gazette for particular praise, saying: “I love the marvellous individuality of the Gazette and no resting on our laurels! its extremely high editorial Despite the awards, the Gazette continues to The search facility will improve too, due to the standards. It’s quite unique!” seek to improve its content, design and digital introduction of new technology. functionality. The redesigned magazine is now The Gazette team is also working on a new app, in your hands – and on your screen. which will follow later in 2014.

Law Society Gazette • Vol 107 No 5

aN app for that

WIzard of oz Tablet devices can be Society Law As part of the redesign, the online version – In addition, readers will soon be able to order thiS LittLe piGGy Could the family courts invaluable tools in the How do the new debt system in Australia be a hands of practitioners resolution mechanisms good model for Ireland? compare with each other? available at www.gazette.ie – has been significantly annual subscriptions, individual copies of the revamped. For the first time, the digital version Gazette, as well as folders for your hard-copy is being produced as an interactive PDF. Useful magazines online, through an online shopping cart. €4.00 June 2013 Law Society Law GazetteGazettehyperlinks to legislation, judgments, reports The Gazette has already begun using social and websites are included throughout – a handy media to flag significant news and Gazette-related reference feature. material in advance of publication. Follow us on Should they so wish, advertisers can avail Twitter at #edlawgazette. JUNE 2013 of added-value features that will make their We are making these changes to ensure that advertisements more interactive. we keep up to date with the latest publishing developments – and to provide our readers with the Responsive digital formats they require to stay informed while In the near future, a flip-page, responsive on the move. design will be introduced – meaning that Feedback on both formats of the new-look attack of the Cybermen readers can read and interact with the Gazette Gazette should be emailed to [email protected] Law Society of Ireland and me mipad comfortably on their format of choice, whether or tweeted to @edlawgazette. We look forward that be a tablet, smartphone, laptop or desktop. to hearing your views. 10 news law society gazette www.gazette.ie Jan/Feb 2014

Ar mhaith leat a bheith ar Chlár na Gaeilge? pic

The PPC II elective Advanced : commencement, participants will ga

Legal Practice Irish (ALPI)/ z be invited to attend IT clinics ette Ardchúrsa Cleachtadh Dlí as to become familiar with the

st

Gaeilge (CDG Ardchúrsa) is open u technology used in the course. to practising solicitors who dio This course will fulfil the full wish to be registered on the practitioner CPD requirement Irish Language Register (Law for 2014, that is, 15 hours of Society)/Clár na Gaeilge (An CPD, including one hour of Dlí-Chumann). regulatory matters and three In order to be entered onto hours of management and the Irish Language Register, a professional development skills. solicitor must take this course The fee for 2014 is €625. The and pass all assessment and closing date for applications is attendance requirements. Friday 14 March at 5pm. Further The course will run from information is available on the 17 April until 19 June 2014. Law Society website. Lectures and workshops will be For details and an application delivered on Thursday evenings form, contact Robert Lowney/ from 6-8pm at the Law Society attendance on the specific continuous assessment and an Roibeard Ó Leamhna by email: (lectures in weeks 1 and 2 will Thursday evenings, participants end-of-course oral presentation. [email protected] or tel: 01 be made available online, so will be required to complete It is recommended that course 672 4952. physical attendance on those individual and group coursework participants have a good level particular Thursday evenings online in between each session. of IT skills and be familiar with is not required). The Advanced Due to the group work web browsing, word processing, Legal Practice Irish Course was logistics of this course, uploading/downloading files, awarded the European Language attendance at all of the Thursday and watching online videos. A Label 2012. evening workshops is essential Leaving Certificate Higher Level This is a blended learning (apart from weeks 1 and 2). standard of Irish is a minimum course: in addition to physical Assessment will combine standard. In advance of course Committee’s report recommends Copyright Council of Ireland The Government-appointed Copyright In addition, there are user-generated content and content Review Committee published its recommendations for specialist mining. report and recommendations on intellectual property tracks in the Also, copyright deposit libraries 29 October 2013. The report, District and Circuit Courts and should benefit from the extension of Modernising Copyright, is available the renaming of the Controller of existing legal copyright provisions to on the DJEI website. Patents, Designs and Trade Marks digital publications. All users should The three committee members to the Controller of Intellectual benefit from a recommendation appointed to carry out this task were Property. The report contains strong that any contract term that unfairly Patricia McGovern (DFMG Solicitors recommendations to resource the purports to restrict an exception and chair of the Law Society’s courts and controller’s office to permitted by the act should be void. Intellectual Property Law Committee), enable them to function. In addition to making the Dr Eoin O’Dell (Trinity College) and Other recommendations protect recommendations for reform, the Prof Steve Hedley (University College rights owners by extending available committee has drafted the necessary Patricia McGovern Cork). remedies, technological protection legislation in the form of the draft The report was written after a The result is a report that has, measures and rights management Copyright and Related Rights consultation process that took two as a central recommendation, the information. The recommendation (Innovation) (Amendment) Bill years and involved the consideration establishment of a Copyright Council to strengthen copyright protection 2013. In this area so influenced by of approximately 280 submissions – of Ireland. The council would be for metadata should benefit rapid changes in technology, it is the result of a two-stage consultation self-financing and have the remit photographers. imperative that, if these proposals process. to educate, advise and advocate The position of users should be are acted on, it should be without The recommendations in the report nationally and internationally improved by introducing the full any unnecessary delay. consider and balance the needs and on copyright matters. It would range of exceptions permitted by EU A public forum was held on 9 interests of those who create and also establish a Digital Copyright law. These should include format- December 2013 at the Royal Irish publish (the rights owners) and those Exchange, a voluntary alternative shifting, parody, education, disability Academy on Dawson Street to allow who wish to use, share or transform dispute resolution service, and an and heritage, as well as related the committee to present the findings the works (the copyright users). Irish Orphan Work Licensing Agency. exceptions for non-commercial contained in its report. law society gazette www.gazette.ie Jan/Feb 2014 news 11

Society outlines facts of there’s an app for that swift action on Byrne An iOS solution to an iOS problem App: goodreader Price: €4.99

Goodreader is one of those apps What you do is use the ‘open that leaves you wondering how in another app’ function button you managed some of your files on each of the documents and and documents without it, writes choose to open these document Dorothy Walsh. It is a paid-for in Goodreader. Once you have app, at €4.99 from the App opened all of the documents you Store, and while there is a free want to email together, go into version, the paid-for version the Goodreader app, highlight offers so much more in terms of the documents you wish to functionality to make it worth email, and then click on the purchasing. ‘send by email’ function. You Murphy: “Byrne was a criminal who in no way represents the profession” What the Goodreader app will then be brought to the email does apart from anything app and, hey presto, all of the Thomas Byrne was sentenced to time in its history. Two days was all else is to solve a problem documents will be included in 12 years on 2 December for fraud, it took from the moment the Law we all experience in sending the email as attachments – all theft and forgery, writes Teri Kelly, Society discovered Byrne’s fraud to documentation via email on ready to go in one email! director of representation and member changing the locks on the doors of the iPad. I found that where I As if this wasn’t enough, services. Byrne has the distinction his practice. In addition to covering produced several documents in Goodreader also allows you to of being the largest white collar this press release, The Irish Times Pages, together with, perhaps a listen to audio, watch video, criminal in the history of the State. published an article by President spreadsheet in Numbers, I was open, view and mark-up PDF He was also a former solicitor who John P Shaw that, among other having to send these documents documents. If you synchronise committed his crimes in his work as messages, emphasised that Byrne in separate emails, as the iPad your Dropbox account to allow a solicitor. is an outlier and a criminal and in email app does not allow you to Goodreader to access Dropbox, The reputational damage that no way represents the solicitors’ search through the device and you can manage your Dropbox a rogue solicitor like Byrne can profession. attach emails in the way you account and documents with inflict on an honest, upstanding and Ken Murphy appeared on RTÉ would using a PC. Goodreader too. It is definitely trustworthy profession is enormous. television’s Six One News and Prime I tried a number of methods one of those apps that solves a It was the Law Society’s duty Time on the day of sentencing and to send multiple attachments via very annoying problem while, during this episode to represent followed up those appearances email on iPad and none worked. at the same time, allowing the overwhelming majority of with a half-hour radio discussion Catherine Taaffe, a solicitor in you to discover even more solicitors and to convey to the with Pat Kenny on Newstalk and, Ardee, Co Louth, kindly advised functionality and an opportunity media – and therefore the public – later that day, with Matt Cooper me that Goodreader is just the to get so much more out of your that Byrne was a criminal who does on Today FM. Clearly, the Law app to solve this problem. iPad. not epitomise the profession, and Society was doing its duty – being that the Society acted swiftly and forthright and forthcoming with all appropriately to remove him from of the details. practice. While some of the media The Law Society, led by director coverage was inaccurate, the general Ken Murphy, undertook majority of coverage was fair and a strategy of full engagement with balanced. It is an essential part of the print, radio and television the democratic process that the media. Guided by our core media media play their role asking the relations principles of transparency, tough questions, and the Law availability and honesty, our key Society welcomes this scrutiny. aim was to tell the facts about what Protecting the reputation of the happened. solicitors’ profession and of the Law We prepared a comprehensive Society of Ireland is a key goal of press release and timeline detailing our increased focus on representing the Law Society’s dealings with our members. Our work during the Byrne, which was distributed Thomas Byrne affair went some widely to media outlets. These way toward representing the honest showed that the Society shut down solicitor in the face of the media’s Byrne’s practice faster than at any focus on one thief. date for your diary 25th/26th April 2014

Law Society of Ireland Law Society Annual Conference Dromoland Castle, Co Clare

conference rates

Full delegate package: €300 Access to full conference, Black Tie Gala Dinner on Friday, 25th April, B&B accommodation for one night sharing with another delegate or registered accompanying person and a light lunch on Saturday, 26th April, all in Dromoland Castle. If you will not be sharing and request a single room, a single supplement of €75 will be charged.

Accompanying person package: €200 One night’s B&B accomodation (Friday, 25th April) sharing with a delegate, Black Tie Gala Dinner on Friday, 25th April, light lunch on Saturday, 26th April.

Additional night: €200 B&B accomodation per room

Book online: www.lawsociety.ie/annual-conference law society gazette www.gazette.ie Jan/Feb 2014 news 13

Minister announces in camera reforms Court fees Changes to the in camera rule the Civil Liability and Courts Act The Resource Management for family law and child care 2004. The change means that bona Directorate of the Courts Service proceedings have been announced fide representatives of the press has revised its court fee refund by Justice Minister Alan Shatter, will be allowed to be present in policy. All court fee refund writes Caoimhe Harney. court during such proceedings. applications received by the The changes will allow This will allow members of the Courts Service from 1 January the media to report on family media, researchers and legal 2014 will be determined by the law proceedings, under strict professionals to gain access to updated policy. conditions. The reforms are valuable information on how family Court fees will only be designed to address the need law operates in Ireland. refundable where a fee has been for public access to important However, family courts will imposed, collected or overpaid information on the operation of have the power to exclude arising from a mistake. Examples family and child care proceedings representatives of the press from include: in the courts. the court or restrict their attendance • The document on which the fee Minister Shatter said that the during hearings or parts of hearings. was paid does not require a fee changes would add “valuable The court may restrict or prohibit under the court fees order, information to the public, judiciary the publication or broadcasting of • The court fee paid was in and legal professionals” on the evidence given or referred to during excess of what was required operation of family law by the Minister Shatter: ‘Public’s right to the proceedings, where a court is to be paid under the court fees courts. “The public’s right to know know has to be balanced with a satisfied that it is necessary to do order, has to be balanced with a family’s family’s right to privacy’ so: • A duplicate document is right to privacy,” he added. • In order to preserve the stamped in relation to the same The new legislation prohibits those found guilty may be liable to anonymity of a party to the case, the reporting of information a maximum fine of €50,000 and/or proceedings or any child to whom • There is an error on the face of likely to identify the parties to a term of imprisonment up to three the proceedings relate, a document and an amended the proceedings or any children years. • By reason of the nature or document has been lodged to whom the proceedings relate. Part 2 of the Courts and Civil circumstances of the case, or with the relevant court office, Breaches of this prohibition will Law (Miscellaneous Provisions) • As is otherwise necessary in the • The fee has already been paid constitute a criminal offence and Act 2013 amends section 40 of interests of justice. by another paarty in relation to the same case.

Past-president, Judge Frank O’Donnell – RIP A fee is not refundable in the

P event that (a) following payment ic

The death has taken place : L of the court fee, a decision has ensmen of past-president of the Law been made not to proceed with Society and retired Circuit the application, or (b) an area Court judge Frank O’Donnell, exemption has been granted prior at the age of 72. Mr O’Donnell, to a licensing application being a native of Burtonport, Co made for a special exemption Donegal, was the son of the late within the same area and during Pa O’Donnell TD, who had also the same period. served as president of the Law No refund will be granted if the Society. fee was stamped over six years A partner in Bell, Branigan, prior to the refund application. O’Donnell & O’Brien, which he An unused stamp cannot be helped found, he was one of the transferred for use on another initial three practising solicitors future application. to be appointed a judge of the Applications for court Circuit Court, in 1996. He fee refunds should be made served as Law Society president to: Finance Unit, Resource in 1983-84. Management Directorate, To his wife Maeve and Phoenix House, 15/24 Phoenix children David, James, Philip, Street North, Smithfield, Dublin Fiona and Deirdre, his brother 7, by completing the relevant Donal, sisters Terry and application form (available from Clodagh, and family and friends, www.courts.ie) and attaching/ we extend our deepest sympathy. enclosing the original stamped Ar dheis Dé go raibh a anam The first practising solicitors to be appointed judges of the Circuit Court, in document. dílis. 1996, were (l to r): Frank O’Donnell, John F Buckley and Michael White 14 news law society gazette www.gazette.ie Jan/Feb 2014

LawCare’s website gets some TLC Four Courts LawCare has recently redesigned its website to rooms refurb make it more accessible and user friendly. The service is recognised synonymous with providing advice and support to lawyers, their immediate families and staff suffering from stress, depression and addiction. Helpline numbers are easier to find, and the site contains a complete repository of all of LawCare’s helpful information packs on alcohol, stress, depression, bullying, as well as The refurbishment work sleep and eating disorders. done on the Law Society’s It’s also easier to find help consultation rooms in the Four if worried about others. The Courts was shortlisted for the ‘give help’ section offers advice 2013 Fit Out Awards in the to those looking to support category ‘office (small)’. colleagues, friends or family The awards took place members. in December and the works Several of the pages on stress testing achieved a finalist certificate. stress, alcohol and depression For a limited time, LawCare’s Waterford, Kildare, Mayo and It’s great to be included in include a quick and simple self- coordinator in Ireland, Mary Galway, with more bookings company such as Google test to help people gauge for Jackson, is giving a second for Monaghan and Meath in the offices, the themselves whether they might round of seminars to help diary in spring. Morrison have a problem that needs to be lawyers cope with the stresses If you’re interested in Hotel, addressed. and strains involved in their job. booking a seminar for your Hanover LawCare would like to hear The Law Society has provided bar association event, please Medical your feedback on the website. funding to cover the costs. email her at [email protected] Centre and Email your comments to Mary has already visited Kerry, or call 1800 991 801. many others! [email protected]. Goodbody’s Chinese Lawyers Programme on the up A&L Goodbody’s ongoing from a business development development of its Chinese perspective. Lawyers Programme is helping Zuhuan Huang, who has just it build its international business recently returned to Shanghai with that country. The first and from A&L Goodbody, is very only programme of its type run positive about her experience: by an Irish law firm, its aim is to “A&L’s programme is one of the strengthen links with Chinese most creative and best organised business. among similar ones I’ve heard Managing partner Julian about.” Yarr said that “investment into As part of its Chinese Ireland is a key driver in the University internship recovery of the Irish economy, programme, A&L Goodbody and this initiative continues to be is set to welcome students from a key part of the firm’s strategic Participants in the A&L programme East China University of Political international growth”. Science and Law (ECUPL) in The programme was officially in China and, to date, over 30 Goodbody in developing Irish- 2014. The first students will launched by Taoiseach Enda senior Chinese lawyers have Sino business, it has already arrive in February 2014. ECUPL Kenny in March 2012 in Beijing. spent up to six months in the enjoyed great success. The is one of the top universities in A&L Goodbody has agreements firm’s Dublin office. Chinese lawyers have proved China and is a feeder university in place with a number of the Although the programme is a to be a fantastic addition to for top law firms and corporates top law firms and universities long-term investment by A&L the firm, both culturally and there. law society gazette www.gazette.ie Jan/Feb 2014 news 15

Ballyhaunis Courthouse shuts door on 139-year history pic

Tuesday 3 December 2103 : J saw the closure of Ballyhaunis ohn Courthouse after 139 O’G continuous years of service, rady writes Evan O’Dwyer. This continues the sequential closure of District Court venues in the county. Where once there were 21 venues in Mayo, there are now four. As a result, there are now more Tescos in Co Mayo than sitting courts! The business of the court has now moved to Castlebar, in what is widely regarded as a jettisoning of District Courts Inside the courthouse on its last day of service on 3 December 2013 (from l to r): Michael Keane, Mary Teresa Griffin, Brian in favour of the creation of a O’Connor, Conor O’Dwyer, Charlie Gilmartin, John Dillon Leetch, Sgt Kieran McNicholas, retired Judge Bernard Brennan, Judge county court. Mary C Devins, Ailish McGuinness, Evan O’Dwyer, Superintendent Joe Doherty, Brendan Donnelly, Dermot Hewson, Mike Griffin This closure has saved the Irish taxpayer the princely sum witnesses to a new court venue courthouse from Castlebar to The purpose-built courthouse of €14,700 per annum, which 60km away is as yet unknown, Galway (a distance of 80km) was constructed in 1872, with is the cost of light, heat and but is believed to be far greater. or from Castlebar to Castlerea the first court session sitting in insurance for the building. As The closing of Ballyhaunis (68km). That means 5,200km2 1874. against that, the cost of moving Courthouse now means that of countryside without an Until 1957, the building battalions of gardaí and State there is no purpose-built operating courthouse. acted as a District Court office, with the late Tim Forde being the last permanent District Travellers take complaint to Europe Court clerk assigned to Ballyhaunis. His office contains Irish Travellers are seeking many original documents to have the State’s failure to and summonses, warrants, provide access to adequate and recognisances and notices of suitable accommodation for an appeal yet to be completed. The estimated 30,000 Travellers in the old typewriter that churned Republic of Ireland to be held in out the summonses and court breach of the Council of Europe’s day books still remains on Tim Revised European Social Charter, Forde’s desk in the loft. writes Susan Fay (Irish Traveller Ballyhaunis is not unique Movement Independent Law among courthouse closures. The Centre). history attaching to these venues Ireland signed and ratified is being lost forever, with the the charter and accepted the danger that stories of truth will collective complaint mechanism on become legendary tales, soon to 4 November 2000. The complaint be forgotten. is brought by the European Roma Solicitors, barristers and organisers who attended the Council of Europe Lawyer Who could believe in today’s Rights Centre, an international Training programme on Roma/Traveller Rights on 5 December 2013 at the Central world that it was an offence to Hotel, Dublin non-governmental organisation with sell potatoes without a licence? consultative status at the Council of This office defended a Peter Europe and an entitlement to submit The complaint sets out examples needs, and another had serious Fitzmaurice of Bridge Street, collective complaints. of evictions in practice, including heart problems. Ballyhaunis, for selling potatoes The complaint is based on the reported eviction of a family Practitioners interested in without having the requisite research undertaken by the Irish in South County Dublin on a learning more about the work of the certificate of registration to act Traveller Movement (ITM) and Christmas Eve morning and the ITMILC, or who are interested in as a retail dealer of potatoes. the Irish Traveller Movement reported eviction of a family of taking public interest law cases on All this priceless history of Independent Law Centre (ITMILC). five in Waterford City without behalf of members of the Traveller people’s personal trials is set If the Government is found to offering alternative permanent community, should contact the to be lost forever, archived, or be in breach of the charter, the accommodation, in circumstances law centre by email: susan.fay@ shredded as the Office of Public Government would be pressurised to where one member of the family had irishtravellermovement.ie or tel: Works takes possession of the remedy any breaches upheld. Down Syndrome and other medical 01 679 6577. building. 16 people law society gazette www.gazette.ie Jan/Feb 2014

roscommon bar association

The Roscommon Bar Association hosted a function recently to mark the appointment of William Lyster as a judge of the Insolvency Courts. Over 60 practitioners from the Roscommon, Leitrim, Longford and Sligo bar associations, and from the Roscommon Courts Service, enjoyed a reception and dinner, followed by a jazz session till the early hours. Judge Lyster was accompanied by his wife Mary and their two daughters, Ita and Helen, both of whom are practising solicitors. Presentations were made on behalf of the Roscommon Bar Association to Judge Lyster

TD receives parchment

Insolvency book launch

Labour TD for Galway West, Derek Nolan is the newest member of the Oireachtas to become a member of the solicitors’ profession. Derek was elected during the 2011 general election. He was nominated by the Labour Party topping the poll in Galway West as a first-time candidate following the election as President of Ireland of Michael At the recent launch of the book Buying and Selling Insolvent D Higgins. He is seen here at his parchment ceremony with High Court judge Mr Companies and Businesses in Ireland were the authors (l to r): Justice Michael Peart and Law Society director general Ken Murphy Ted Harding (barrister), Bill Holohan (senior partner, Holohan Solicitors) and Gerard O’Mahoney (partner, PwC) law society gazette www.gazette.ie Jan/Feb 2014 people 17

At the annual gala dinner of the IWLA were (from l to r): Attracta O’Regan The IWLA president, standing committee and strategy advisor at the IWLA annual (Law Society Skillnets), Maura Butler (chairperson, IWLA), Claire Loftus dinner (centre front, l to r): Maura Butler (chairperson) and Ms Justice Maureen (Director of Public Prosecutions, IWLA Honoree 2012), Ms Justice Maureen Clark (president). (Back, l to r): Aoife Redmond, Sarah Harmon, Denise Roche, Clark (president, IWLA) and Máire Whelan SC (Attorney General, IWLA Rosemary Rodgers, Grainne O’Neill, Nicola O’Neill (MD Harvest Resources Ltd), Honoree 2011) Jane Murphy, Edel Ryan, Elaine Conlan, Sile Larkin and Aoife McNickle

Attending a highly successful CPD event in Castleblayney, organised by Monaghan Solicitors’ Bar Association towards the end of 2013, were (l to r): Chief Justice Mrs Justice Susan Denham was the guest speaker at the Kerry Lynda Smyth (Coyle Kennedy MacCormack), Sarah Gormley, Daniel Gormley, Law Society’s annual function on 7 December in Tralee, where she met with Claire Gormley (Gormley Solicitors, Monaghan) and Justine Carty (Barry Healy some of the society’s members & Co) in the Glencarn Hotel, Castleblayney

The Hibernian Law Journal’s annual lecture took place on 26 November 2013 at the Education Centre, Blackhall Place. Among those attending were (front, l to r): Mr Justice Michael Peart, David Leigh, Prof John Horgan and Gerry Beausang (Eversheds). (Back, l to r): Dannie Hanna (Arthur Cox), James Lawless (Arthur Cox), Rob Vard (Eversheds), Naomi Barker (Eugene F Collins), James Roche, Eltin Ryle and Thomas Ryan (all ByrneWallace), Brendan Curran (A&L Goodbody), Rosemary Hennigan (McCann FitzGerald) and Cathy Grant (Mason Hayes & Curran) 18 people law society gazette www.gazette.ie Jan/Feb 2014

ilhs holds winter discourse in stormont The Irish Legal History Society held its AGM in the Stormont Hotel on 8 November 2013, writes Robert D Marshall. In addition to approving the reports, it elected its officers and council for the year 2013/14 and amended and restated its constitution. Full details of the new council and the constitution can be found on the society’s website at www.ilhs.eu. Following the meeting, by invitation of the Minister of Justice and leader of the Alliance Party Mr David Ford MLA, a reception for members of the society and their guests was held in the Long Gallery of the Parliament Buildings at Stormont. Sponsored by the Law Society of Northern Ireland, Daire Hogan solicitor, David Ford MLA, Prof Colum Kenny, Chief Justice Susan Denham, Dr Conor Mulvagh and the reception was a celebration Sir Declan Morgan of the 25th anniversary of the foundation of the society in in Northern Ireland, spoke of the law and the changes that arithmetic of continuing Irish 1988. The society was honoured briefly about the Parliament he had seen since he had been representation at Westminster. to welcome its two patrons, the Buildings. He noted how, upon involved in social work, and how The discourse also set the bill Lord Chief Justice of Northern the purchase of the Stormont these perceptions had assisted in the context of legislation Ireland Sir Declan Morgan, and demesne in 1921, the then him in his work as minister of establishing parliaments in the the Chief Justice of Ireland Mrs government of Northern Ireland justice. He commended the dominions of the British Empire Justice Susan Denham. had envisaged a parliamentary, volume as a record of some of the and was supported by helpful At the reception, a volume judicial and administrative changes in practice and personnel slides depicting the personalities to commemorate the 25th complex, but that the judiciary in the law, particularly in legal involved and relevant section anniversary entitled ‘Changes had preferred to locate the courts education and the role of women. text. in Practice and Law’ was at an independent location and He wished the society well in its The society looks forward launched. Before introducing the courts had been built at continuing endeavours. to publishing Dr Mulvagh’s the speakers, Sir Donnell Chichester Street. discourse in its next collection of Deeny, a vice-president of the Mr Ford in launching the ‘Winter discourse’ addresses and papers. society and a High Court judge volume spoke of his perceptions Dr Conor Mulvagh then The 2014 spring discourses delivered the winter discourse, will take place in the Ulster speaking to the title ‘Legislative Museum on 21 and 22 February. Landmine? Evaluating the Professor Lord Bew will speak Third Home Rule Bill’. This about ‘Parnell and the Law’ New Council elected groundbreaking paper examined on Friday and Professor Peter President: Robert D Marshall; Sir Anthony R Hart, Prof Desmond the bill introduced in 1912, Gray will speak on the Saturday council members: Prof Norma Greer QC (hon), Dr Robin Hickey, enacted in August 1914, but morning about enacting a ‘Poor Dawson (ex officio), Dr David Daire Hogan, Dr Niamh Howlin, suspended for the duration of Law’ for Ireland, Sir Anthon Capper, Dr Kevin Costello, Sir Prof Colum Kenny, Felix M Larkin, the First World War. Having Hart about ‘The Law in Action in Donnell J Deeny, Dr Seán Patrick John Larkin QC, Brett Lockhart QC, outlined how it had built upon Ulster in 1898’ and Dr Thomas Donlan, Dr Kenneth P Ferguson John Martin QC, James I McGuire Gladstone’s first two ‘Home Rule Mohr on ‘The Oath in the Anglo BL, Hugh Geoghegan, Dr Patrick MRIA, Dr Thomas Mohr, Yvonne Bills’, Dr Mulvagh examined Irish Treaty of 1921’. Further Geoghegan, John G Gordon, Mullen BL and Prof J Ohlmeyer. the bill in detail, particularly the details are on www.ilhs.eu. All are consequences for parliamentary welcome to these discourses. law society gazette www.gazette.ie Jan/Feb 2014 people 19 ilhs holds winter diploma in legal french On the move discourse in stormont

n Mason Hayes & Curran has appointed Maureen O’Neill as partner in its EU and antitrust team. Maureen joins the firm with more than ten years’ experience in Irish, British and European merger control, antitrust, state aid and regulatory law. She has particular expertise in the telecoms and energy sectors.

Guests and lecturers attending the conferral of the Diploma in Legal French were: Simon Murphy (chairman, Education n Berrymans Lace Mawer Committee), Dr Geoffrey Shannon (senior lecturer, family law), Freda Grealy (diploma manager), Deirdre Flynn (course leader, diploma co-ordinator), Kevin O’Connor (member of the Alliance Française Dublin board of directors), Philippe LLP’s (BLM) Dublin office has Milloux (director, Alliance Francaise Dublin), François-Christophe Crozat (corporate service manager, Alliance Francaise) and appointed Lisa Collins as its Flavien Corolleur (lecturer, diploma in legal French) new professional indemnity partner and has promoted managing solicitor Rhona diploma in corporate law and enforcement McGrath to partner.

Lisa will provide a London market service to resolve claims in Ireland and specialises in acting for insurers in PII claims as well as related coverage issues.

Guests and lecturers at the conferring of the Diploma in Corporate Law and Enforcement included: Simon Murphy (chairman, Rhona has extensive exper- Education Committee), Dr Geoffrey Shannon (senior lecturer, family law), Mr Justice Peter Charleton (High Court), Freda Grealy (diploma manager), Olga Gaffney (course leader, Diploma Centre) and Stephen Dowling BL. Those conferred included: ience in procedural and William J Brennan, David C Byrne, Edel Coughlan, John Donovan, Bob Frewen, Kevin Geraghty, Cathal Hester, Justine strategic defence of personal Keane, Jacinta Lambert, John J Lupton, Cillian MacDomhnaill, Sinead MacBride, Richard Margetson, Laura Melody, Aisling injury litigation. O’Donovan and Ronan Wall Winner Outstanding Most Innovative Use Achievement of Technology Networks & Groups 2013 Irish Institute 2013 Irish Institute of Training & of Training & Development (IITD) Development (IITD) Awards Awards

To view our full programme visit www.lawsociety.ie/Lspt

DATE EVENT DISCOUNTED FULL FEE CPD HOURS FEE* 4 March Certifi cate in Adjudication €960 €1,280 Full CPD Requirement for 2014 - 19 July (Law Society of Ireland Certifi ed Adjudicator) (Provided relevant sessions attended)

8 March Judicial Review - Recent developments and challenges €102 €136 3 General (by Group Study)

Starting April Post-Graduate Certifi cate in Learning Teaching and Assessment in €960 €1,280 Full CPD requirement for 2014 partnership with DIT and Law Society Skillnet (Provided relevant sessions attended)

Starting May Diploma in Legal Practice & Risk Management €1,695 €2,260 Full CPD requirement for 2014 (Provided relevant sessions attended)

ONLINE COURSES: To Register for any of our online programmes OR for further information email: [email protected]

Online How to use an iPad for business and lifestyle €136 Approx. 5 hours Management & Professional Development Skills (by eLearning)

Online How to use a Samsung for business and lifestyle €136 Approx. 5 hours Management & Professional Development Skills (by eLearning)

Online Twitter for Lawyers €55 Approx. 5 hours Management & Professional Development Skills (by eLearning)

Online The LinkedIn Lawyer: The “How to” Guide €55 Approx. 5 hours Management & Professional Development Skills (by eLearning)

Online Facebook for Lawyers: The “How to” Guide €55 Approx. 5 hours Management & Professional Development Skills (by eLearning)

Online How to create an eNewsletter €90 Approx. 5 hours Management & Professional Development Skills (by eLearning)

Online New Terms of Business - Contract Precedent €45 Approx. One Hour Regulatory Matters (by eLearning)

Online Responding to a Regulatory Investigation €45 Approx. One Hour Regulatory Matters (by eLearning)

Online Microsoft Word – All Levels, PowerPoint - All levels, Touch Typing & From Approx. Up to 5 Hours Management & Professional Excel €40 Development Skills (by eLearning)

For full details on all of these events visit webpage www.lawsociety.ie/Lspt or contact a member of the Law Society Professional Training team on: P: 01 881 5727 E: [email protected] F: 01 672 4890 *Applicable to Law Society Skillnet members. Please note FIVE hours on-line learning is the maximum that can be claimed in the 2013 CPD Cycle

LSPT ad Gazette Jan/Feb 2014.indd 1 07/01/2014 14:54 Winner Outstanding Most Innovative Use Achievement law society gazette www.gazette.ie Jan/Feb 2014 comment 21 of Technology Networks & Groups 2013 Irish Institute 2013 Irish Institute of Training & of Training & Development (IITD) Development (IITD) Awards Awards letters Solicitors sick of ‘secretarial tasks’ for institutions From: Frank Friel, Frank Friel & Co, Clonskeagh, Dublin 14 was at a meeting of the DSBA on Tuesday 1 I October last in Blackhall Place. At that meeting, considerable concern was expressed by those in attendance of the various ‘secretarial tasks’ we were doing on behalf of banks, building societies, the Office of the Revenue Commissioners, and so on. On enquiring with Bank of Ireland, who requested we produce a copy of our To view our full programme visit www.lawsociety.ie/Lspt professional indemnity insurance, they advised that they DATE EVENT DISCOUNTED FULL FEE CPD HOURS had agreed this with the Law FEE* Society. 4 March Certifi cate in Adjudication €960 €1,280 Full CPD Requirement for 2014 When enquiring with AIB - 19 July (Law Society of Ireland Certifi ed Adjudicator) (Provided relevant sessions attended) of their new requirements in relation to CJA (producing In sales/purchase of properties, Who, on our behalf, is members of the Society, they 8 March Judicial Review - Recent developments and challenges €102 €136 3 General (by Group Study) extract from passports, utility we have now to become the entering into the agreements would state that they object bills, and so on, in relation advisors to both vendors and with the various institutions? to acting in these roles and, in to uplifting moneys in Have they sought instructions effect, are merely providing Starting April Post-Graduate Certifi cate in Learning Teaching and Assessment in €960 €1,280 Full CPD requirement for 2014 purchasers in relation to their partnership with DIT and Law Society Skillnet (Provided relevant sessions attended) administration of an estate), local property tax. The Revenue from the various members of secretarial service for the various they again advised that they had Commissioners advise that this the Society to do so? I have institutions. Starting May Diploma in Legal Practice & Risk Management €1,695 €2,260 Full CPD requirement for 2014 agreed this with the Law Society was done in consultation with the no doubt that, if a poll were I would be grateful for your (Provided relevant sessions attended) in March 2013. Law Society. taken among the ordinary advices.

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Online How to use an iPad for business and lifestyle €136 Approx. 5 hours Management & Professional Development Skills (by eLearning) A response from the director of regulation Online How to use a Samsung for business and lifestyle €136 Approx. 5 hours Management & Professional Development Skills From: John Elliot, Registrar administering estates has been practice/statutory requirements. with Revenue that the legislation (by eLearning) of Solicitors and Director of greatly reduced. The Law Society initiated this would be a charge on the property. Online Twitter for Lawyers €55 Approx. 5 hours Management & Professional Development Skills Regulation Prior to the Society’s representative work following That was a decision taken by (by eLearning) egarding Bank of Ireland, interventions, legal personal requests from members and, to the legislature. However, after as far as the Regulation representatives had to attend date, the Law Society’s efforts in the law was passed, the Law Online The LinkedIn Lawyer: The “How to” Guide €55 Approx. 5 hours Management & Professional Development Skills Department (which is where at each branch of AIB where this regard have been welcomed Society engaged with Revenue (by eLearning) R responsibility for such matters a deceased may have held an by members. An e-zine article on how the tax would be treated Online Facebook for Lawyers: The “How to” Guide €55 Approx. 5 hours Management & Professional Development Skills rests) is concerned, we are account for the purposes of announcing this development for conveyancing purposes, for (by eLearning) unaware of any such agreement. verification of identity to comply was circulated by the Law taxation purposes, and from the Online How to create an eNewsletter €90 Approx. 5 hours Management & Professional Development Skills Who in Bank of Ireland said with statutory anti-money- Society in March 2013 (http://bit. point of view of solicitors using (by eLearning) this, and when? Can Bank of laundering requirements. Following ly/1eBHSSp). the technology associated with Ireland produce evidence of meetings with Law Society Legislation provides that any payment of the tax and production Online New Terms of Business - Contract Precedent €45 Approx. One Hour Regulatory Matters (by eLearning) such an agreement? Third parties representatives, AIB changed this unpaid local property tax (LPT) of evidence of payment. sometimes allege or imply that policy to allow for solicitors to payable by a vendor is a charge Such engagement is a normal Online Responding to a Regulatory Investigation €45 Approx. One Hour Regulatory Matters (by eLearning) they have made an agreement with forward to AIB certified copies of on the property to which it relates. part of the work of the Law Society the Law Society when that has not a legal personal representative’s Therefore, LPT is a matter that in an effort to ensure that the Online Microsoft Word – All Levels, PowerPoint - All levels, Touch Typing & From Approx. Up to 5 Hours Management & Professional happened. anti-money-laundering requires consideration as part profession has some input to the Excel €40 Development Skills (by eLearning) As a result of the Society’s documentation. It is likely that, in of the conveyancing process to system, with a view to streamlining interventions with AIB, the any event, the solicitor will already ensure that a property does not the process from a solicitor’s potential administrative have the documentation to be pass to a purchaser subject to perspective. I think that the burden on solicitors and legal certified on file pursuant to their such a charge. Law Society might be rightly For full details on all of these events visit webpage www.lawsociety.ie/Lspt or contact a member of the Law Society Professional Training team on: personal representatives when own anti-money-laundering best The Law Society did not agree criticised if it did not do this. P: 01 881 5727 E: [email protected] F: 01 672 4890 *Applicable to Law Society Skillnet members. Please note FIVE hours on-line learning is the maximum that can be claimed in the 2013 CPD Cycle

LSPT ad Gazette Jan/Feb 2014.indd 1 07/01/2014 14:54 22 comment law society gazette www.gazette.ie Jan/Feb 2014 viewpoint courts must exploit social media’s democratic capital

The Chief Justice of the Supreme Court of Victoria, Marilyn Warren, argues that judges must embrace digital media if they are to counter the continued decline in the public’s confidence in the courts

ourts all over the world are court media liaison officers in order to importance. Openness contributes to the recognising the need to enter the gain access to information, interviews legitimacy of the judiciary as a democratic Cera of digital media in order to and assistance. Due to their high institution – it allows the public to monitor safeguard the operation of the principle professionalism, experience and interest the probity of judicial action and, by so of open justice. The Supreme Court of in an ongoing relationship with the courts, doing, ensures the public’s confidence court reporters exercise care with the in the proper functioning of an unelected

Victoria now has active Facebook and pic : thinkstock / ga z ette st u dio Twitter accounts, as well as a planned accuracy of information they publish. judiciary. Marilyn Warren is Supreme Court blog. It uses those media Court reporters are also typically assigned Because openness and transparency Chief Justice of the to inform the public to particular courts for is a fundamental feature of democracy, Supreme Court of about how justice is long periods of time, and the courts have a duty to ensure that the Victoria, Australia done in the courtroom The loss of the so build up a body of community is able to observe the operation and to provide up-to- expertise of research and knowledge of justice through their preferred medium. date information about about the legal system. These days that means using digital media law and justice sector many dedicated The quality of court tools to reach the public in a more direct issues. court reporters will reporting and level of manner. These efforts to ‘have far-reaching information provided to directly engage the the public is, therefore, Changing expectations community represent a implications for the often very high. With the rise of social media, community historic shift away from ability of the courts However, declining expectations of the judiciary in terms of its judicial reluctance to revenues and style of communication have also changed. explain or defend the to preserve redundancies at major Because of the highly interactive nature way court’s work to the open justice news publishers, driven of new media, the public have access to public. by the decentralisation of and can contribute to the public debate What has driven this the press into new media in ways that were previously impossible. shift in the communications practices forums, have had a noticeable impact on With new media, the community has been of judges? What are the risks for the the’ numbers of court reporters covering promised a future of consultation where judiciary in adopting these fast-paced and legal issues. The loss of the expertise of their concerns are heard and responded to interactive new media forums? many dedicated court reporters will have by public figures. The judiciary are under far-reaching implications for the ability of more public scrutiny than ever before Traditional relationship the courts to preserve open justice. and are facing increasing pressure to Traditionally, the courts have relied on engage with the community on issues of newspaper court reporters to interpret Public confidence community concern. complex proceedings and guarantee open The question of how the courts respond The 2007 Australian Survey of justice for the public. These reporters to these changes to the traditional Social Attitudes showed that, although have developed strong relationships with court/media relationship is one of vital the Australian community places high value on the work of the courts, it generally has low confidence in them, slice of life particularly with regards to sentencing and criminal matters. Perhaps reflecting the community’s concerns regarding chief justice marilyn warren sentencing decisions, the survey Chief Justice Marilyn Warren grew up in Melbourne. In her ten years in that role, she has adopted a concluded that the public has more She studied law at Monash University, graduating with number of innovative approaches to promote openness confidence in the courts’ ability to protect a B Juris and LLB (Hons) in 1973 and 1974 respective- and accessibility in Victoria’s justice system, including the rights of defendants in criminal trials ly and a Master of Laws in 1983. Chief Justice Warren the development of a Supreme Court communications than the ability to protect the rights of has been a Supreme Court judge for 15 years. In 2003, strategy and reform of the court’s engagement with the victims. she became the first female Chief Justice in Australia. community. This finding points to the need for more community education and communication law society gazette www.gazette.ie Jan/Feb 2014 comment 23 courts must exploit social media’s democratic capital pic : thinkstock Facebook / ga has provided z ette an important

st

u opportunity for the dio ‘Supreme Court of Victoria to reach younger generations on the part of the actually do when judicial processes, such as factors likely to receive information through courts to explain who are less they administer that judges are required by law to newspapers or the television news. judicial decision- likely to receive the law. Audio- take into account when sentencing. There has been a large amount of making processes sentences expose interest in the page from university in order to increase information through the public to the Embracing Facebook students, young professionals and public confidence newspapers or the complexity and The Supreme Court of Victoria educational institutions that use in the judicial thoroughness of the has also embraced both Facebook the forum for educational and system. Research television news sentencing process, and Twitter. The interactive nature professional purposes. on community which is not always of Facebook presents particular This shift in the communications perceptions of sentencing in Britain adequately captured by sensationalist risks and challenges for the court. practices of judges are symptomatic and Australia has highlighted this media headlines about ‘soft’ Many social media users may lack of the challenges, but also, premise: the more people know about sentences’ and ‘out-of-touch’ judges. knowledge about the legal system, importantly, the opportunities that the justice system, the more likely The Supreme Court of Victoria is now are not subject to any form of new media pose for democratic they are to support it and the work of web-streaming sentencing remarks editorial control, and do not have institutions in the technological judges. in criminal trials and proceedings in the long-term interest of court age. The traditions of the judiciary, selected civil cases. reporters in producing accurate including the set-up of the courtroom Victorian response The court’s website forms assessments of the legal system. and even the robes that judges wear, There is momentum among courts the primary digital vehicle for Social media sites could, therefore, have changed very little over the globally towards using the internet to communication with the public. The attract uninformed, negative centuries. However, the means by directly address misunderstandings community is able to view information public comments that might have which courts can communicate – and about the judicial process and to about the most important cases, the effect of reducing public therefore open justice up – have meet community requirements for sentences and justice sector issues confidence in the judiciary, rather changed dramatically. There is now increased communication. from the homepage. than increasing it. an expectation that open justice Web-streaming of trials and The website is also to feature a However, with 11.5 million involves the judiciary adopting new sentencing remarks is one way to ‘retired judge blog’, which a retired Australians now using Facebook, media technologies and engaging in fill the void left by the decline in judge writes in non-technical these are risks the courts must take a direct dialogue with the community. traditional court reporters. Members language, explaining topical in the interests of preserving open The judiciary must find a way to meet of the community can check for judgments that have been handed justice. Facebook has provided these expectations. Otherwise the themselves what transpires in the down by the court. The blog also an important opportunity for the courts risk a continued decline in the courtroom and see accurate accounts educates the community in a general Supreme Court of Victoria to reach basis for judicial authority – of what members of the judiciary way about complex law reforms and younger generations who are less public confidence. 24 comment law society gazette www.gazette.ie Jan/Feb 2014 viewpoint Circuit Court to the rescue of SMall business?

Will the Companies (Miscellaneous Provisions) Act 2013, which introduces Circuit Court examinerships, help struggling businesses to fight against the insolvency tide, asks Bill Holohan?

ME businesses are often described as huge expense and legal costs. Now the be a cohort of sufficiently experienced the backbone of the Irish economy. process faces major structural changes. insolvency practitioners (solicitors, SWhile it may be true that the US The President signed the Companies barristers and accountants) around the multinational presence and direct investment (Miscellaneous Provisions) Act 2013 into country who can rise to the challenge in Ireland supports 100,000 jobs, the fact is law on Christmas Eve last. Under this act, of providing services? that over one million jobs in Ireland depend and specifically section 2, the process is In his 11 October press release, on the SME and family business sector. Five to be moved from the High Court to the Minister for Jobs, Enterprise and Bill Holohan is years after the collapse of Lehman Brothers, Circuit Court. Innovation Richard Bruton said that senior partner in many SMEs are still dealing Section 2 of the measure (which is part of the Holohan Solicitors, with screwed balance sheets The real the 2013 act Government’s action plan for jobs) is Cork and Dublin, and legacy issues. Low- amends section 2 aimed at reducing the costs associated and is the author cost ECB money may have advantage now is of the Companies with an application for examinership of several books on propped up some of those (Amendment) Act and enabling increased numbers of going to be regional pic : thinkstock insolvency businesses, but for many 1990 by providing businesses – in particular SMEs – to SMEs carrying a historical accessibility for local that small private apply for examinership as a route debt load, they “can see ‘businesses where companies (which out of their particular difficulties. no light at the end of the are to be treated as In particular, businesses with large (apparently never-ending) the costs of, and small companies by potential for growth and job creation, tunnel”. the practicalities of, virtue of section 8 or but who are being held back by legacy Examinership is a court- 9 of the Companies debt issues, are intended to benefit protected rescue process that accessing the High (Amendment) Act from the move. allows a struggling company, Court in Dublin on 1986) are to be The rules of the new regime are which does have a prospect allowed to apply relatively straightforward. SMEs that of survival, a chance to repeated occasions directly to the Circuit can now apply to their local Circuit restructure its liabilities has led to a very low Court to have an Court for the process are those defined and business plans. The take-up of examiner appointed as such in company law, meaning that concept of the process is – and will not be they must satisfy at least two out of the simple. A fundamentally the process required to apply to following three conditions: good (but insolvent) business the High Court. • The balance sheet must not exceed finds itself in financial difficulty. The Applications, perhaps, should be dealt €4.4 million, reasons do not really matter. It could be with by the newly appointed specialist • The turnover must not exceed €8.8 the unsustainable rent of a huge business Circuit’ Court insolvency judges (with million, and premises, which is no longer fit for purpose, the exception of examinership for large • Employees must not exceed 50 in or it could be the unsustainable mortgage on companies, which will remain in the High total. what was to be a trophy purchase. Court). However, the 2013 act provides Whatever the reasons, the concept of that the new Circuit Court jurisdiction Drop in legal costs examinership is to allow the otherwise is to be exercisable by “the judge of the Through this rescue process, it is insolvent company to restructure its Circuit Court … for the circuit in which hoped that a company that previously liabilities while maintaining employment, the registered office of the company is could not have contemplated thereby saving the jobs of the business situated at the time of the presentation examinership because of the for the benefit of the broader community. of the petition or in which it has, at that prohibitive costs involved, but which Creditors may suffer a write-down, but time, its principal place of business”. is nonetheless a fundamentally good society at large benefits. To illustrate the point, 24 of the 27 business, can now be saved. The examinerships in 2012 could have been major advantage being pointed to is Circuit Court process heard locally in the Circuit Court if the that the legal costs of the process What about the new proposals involving system had been operational then, rather should decrease. Whether the costs the Circuit Court? Up to now, examinership than being heard in the High Court. of other professionals will decrease is has been a High Court process, involving However, challenges remain. Will there debatable. law society gazette www.gazette.ie Jan/Feb 2014 comment 25

Circuit Court to the rescue of SMall business? pic : thinkstock In Ireland, less than 2% of insolvencies are resolved through ‘examination, The real compared with be solicitors, Court judiciary face a similar trying to keep up security’s trousers. advantage now is nearly a quarter barristers, or challenge. As well as having to Banks typically prefer the ability to going to be regional accountants. come to grips with the Personal privately control the level of write- accessibility for of insolvencies However, Insolvency Act, they will need to down they suffer in a receivership local businesses in the USA that to prepare, familiarise themselves with the process, even if the return to the where the costs practitioners need examinership process so that bank is less than would be achieved and practicalities of enter Chapter 11 to up-skill. protection can be given to those under the going-concern process accessing the High – a comparable For the scheme companies that deserve a breathing of examinership. They need to Court in Dublin on to succeed, it will space and can demonstrate the recognise that they too must be repeated occasions process be vital for local reasonable prospect of survival prepared to take risks. has led to a very low practitioners to required by the act. A total of 716 SME jobs in take-up of the process. In Ireland, become intimately familiar with Ireland were saved in the first less than 2% of insolvencies are the processes involved, or to avail Change of mind-set nine months of 2013 through resolved through examination, of the expert’ services of specialist Furthermore, a change of mind-set the process of examinership. The compared with nearly a quarter of (legal and accounting) insolvency will be required among banks and number of jobs saved can only insolvencies in the USA that enter practitioners on a consultancy other secured creditors regarding increase with the move to the Chapter 11 – a comparable process. basis, and to work to ensure that the examinership process. No Circuit Court system if practitioners, “There is a tide in the affairs the scheme truly becomes available examiner can unfairly prejudice a banks, and the business community of men, which, taken at the flood, to all businesses in Ireland. bank, yet the ‘house view’ persists as a whole embrace this leads on to fortune.” These words The Circuit Court system will in most banks to oppose the very Government initiative. from Shakespeare’s Julius Caesar become meaningless unless local concept of examinership, if at all illustrate that an opportunity now practitioners up-skill to the level possible. Banks do not recognise Bill Holohan has recently exists for knowledgeable and where they can give their clients that entrepreneurs take risks every published Buying and Selling experienced insolvency practitioners the advice they need, or establish day in business – but so do banks! Insolvent Companies and in Ireland to market their services as business links with specialist This is despite looking for security Businesses in Ireland, co-authored independent experts and insolvency insolvency practitioners. in the form of belts, braces, the by barrister Ted Harding and service providers, whether they Also, members of the Circuit piece of string and safety pin in accountant Ger O’Mahoney. 26 analysis law society gazette www.gazette.ie Jan/Feb 2014 human rights watch challenges for human rights in the 21st century

The Society’s Annual Human Rights Conference took place in October 2013. The Gazette provides a snapshot of the day’s deliberations

rganised by the Human Facebook’s policy manager comprise the largest ethnic minority Rights Committee in Siobhan Cummiskey spoke about in Europe and are the frequent Oassociation with the Irish the importance of a ‘real name’ targets of overt hate speech. He Human Rights Commission, culture in social media and spoke of his organisation’s role in speakers at the 2013 human rights of ensuring accountability for raising awareness of racism and conference examined key human online communication. She said its involvement in bringing cases rights challenges facing Ireland, that Facebook tries to operate on behalf of Roma people at both including austerity, surrogacy, according to John Stuart Mill’s domestic and international level. He end-of-life issues and hate speech ‘harm principle’ and therefore will raised the question of whether it is online. intervene in communications only possible to establish an obligation The first session dealt with to the extent necessary to prevent on states to curtail hate crime freedom of expression and hate harm. She stated that content rather than merely to react to it. speech. All panellists spoke that is merely offensive or in bad Larry Olomofe, advisor on about the challenges involved taste has to be tolerated, but that combating racism with the in achieving a balance between Facebook prohibits hate speech, Organisation for Security and freedom of expression and debate bullying and harassment and is Cooperation in Europe, spoke about Dr Julie McCandless and the protection from abuse of vigilant about protecting racial and the contribution made by private vulnerable minority groups. David other minorities. individuals taking cases in response He commented that domestic anti- Joyce BL, who chaired the session, Adam Weiss, to hate speech and discrimination. hatred laws have in many countries expressed the view that hate legal director of the failed to keep pace with the speech is an escalating problem Budapest-based advance of social media. and that our domestic legislation European Roma contains inadequate safeguards Rights Centre said Reproductive rights and penalties. that Roma people In the next session, the LSE’s Dr Julie McCandless spoke on the question of what are ‘reproductive rights’ in the context of assisted human reproduction (AHR) and surrogacy. She highlighted trends across Europe and addressed the ethical and personal concerns emerging for the surrogate mother and intended parents. Inge Clissmann SC explored the human rights implications of AHR and surrogacy. She said that it was “vital that practitioners familiarise themselves with this area of law and promote the sound regulation of it”, concluding by addressing the question of state regulation of AHR and surrogacy. “If one piece of advice were to be offered to the legislature as regards regulation of AHR and surrogacy, it might be Siobhan Cummiskey – Facebook adopts John Stuart Mill’s ‘harm principle’. (Above) David Joyce BL – “Hate speech is an this: while legislation on the issue escalating problem” of surrogacy is urgently required law society gazette www.gazette.ie Jan/Feb 2014 analysis 27 challenges for human rights in the 21st century

Brian Murray SC – analysed the issue of assisted suicide Dr Geoffrey Shannon – addressed the rights of the child in the context of surrogacy

in order to provide guidance and if a person did have the right to The last panel explored the debt, health, services and the certainty, it is important that commit suicide, was there a duty impact of austerity on economic, community. She commented that such legislation is fully thought on the State to vindicate that right? social and cultural rights. most people have been affected, through.” Progressing from this, Murray Dr Helen Johnston explored the at least to some extent, by the Dr Geoffrey Shannon examined reviewed the analysis of assisted social dimensions of the economic crisis: those who were least the issues surrounding the rights suicide by courts internationally crisis, in particular the impact on well off prior to the economic of the child in the context of and highlighted the startlingly unemployment, poverty, personal crisis remained so, and those surrogacy and AHR. He explored different conclusions reached in who had lost jobs, had business issues of parenthood, social, legal different countries on the same failures, seen large falls in and ethical issues and feminist issue. income or wealth, or who carried viewpoints, and analysed the The medical contributors a large excess debt burden were different forms of surrogacy – represented the two opposing sides “experiencing an effect of a genetic, gestational, altruistic in this debate. Geriatric medicine different order”. She also pointed and commercial. Dr Shannon and stroke specialist Professor Des out that while the distribution of highlighted that this area is O’Neill’s view was that assisting effects through budgetary policy under-researched in terms of the people to die was not justifiable havd been largely progressive, impact on children and stated that and that allowing for this was open some budgets had been regressive, any new system has to be based to abuse. with the greatest impact felt by on standards, supervision and Dr Deirdre Madden, senior those on the lowest incomes. cooperation. lecturer in medical law at UCC, Noeline Blackwell examined how argued the contrary, stating that, international human rights Law End of life in her view, there was a right to could be used to protect economic, Brian Murray SC, who litigated choose the manner of one’s death social and cultural rights. She the issue of assisted suicide on and that entitlements to personal spoke of the “spirit level of behalf of the late Marie Fleming, dignity and autonomy necessarily inequality” and its social impact started with the basic question: included a right to end one’s own and highlighted the importance of was there a right to take one’s own life. It was not justifiable to deny promoting the active use of the EU life? If not, was the State obliged incapacitated persons the means to Charter of Fundamental Rights, in to prevent people from taking exercise their right by denying them Noeline Blackwell spoke about the particular article 1 – their own lives? Alternatively, assistance when needed. ‘spirit level of inequality’ the right to dignity. 28 cover story law society gazette www.gazette.ie Jan/Feb 2014

blinded by the

lightHow can you protect a right to light in the built environment? And what at a glance is a right to light? Terry O’Malley turns to the dark side n An owner of land burdened by a right to light is prevented from obstructing the light passing over his or her land in such a way that causes a nuisance to the owner of the land benefited by the right n A right to light can prevent someone with an interest in the servient land from substantially interfering with the access of

light on the dominant land pic

n : There is a lack of statutory guidance and Terry O’Malley is thinkstock case law on an individual’s right to light in a solicitor in the Ireland, and this lack of precedent should property department cause developers deep concern of Eversheds law society gazette www.gazette.ie Jan/Feb 2014 cover story 29

right to light is a right Land and Conveyancing Law Reform Act 2009. 1964, without the need to apply for a court enjoyed over land belonging The 2009 act abolished the rule in Wheeldon order. The disadvantage of the extension is to someone else. It benefits v Burrows and replaced it with a statutory that the archaic provisions of the 1832 act will buildings on the dominant formula that provides that an easement continue to apply until 2021 instead of 2012, land, allowing them to will be implied where such easement (a) is as was intended. receive light into those necessary to the reasonable enjoyment of the Abuildings through particular apertures part disposed of and (b) was reasonable for Wrecking ball (windows, skylights and glass roofs) across the the parties, or would have been if they had The leading British case on an individual’s neighbouring servient land. adverted to the matter, to assume as being right to light is the 1904 decision of the Unlike most easements – such as rights included in the sale. There is no longer any House of Lords in Colls v Home and Colonial of way and rights of drainage, which allow requirement that the implied easement must Stores Limited, from which the principle was one landowner to do something on another’s have actually been used as a type of ‘quasi- established that a right to light entitles a land – a right to light is said to be negative. A easement’ by the landowner before the sale. landowner to natural light through (usually) negative easement prevents a neighbour from Historically, a right of light could be a window, and so enables him or her to doing something on his or her own land. So established over time under the Prescription Act prevent a neighbour from interfering with or an owner of land burdened by a right to light 1832. The aim of the 1832 act was to alleviate blocking the natural light travelling over that is prevented from obstructing the the difficulties caused by neighbour’s land. light passing over his or her land in common law prescription and There is a significant body of case law such a way that causes a nuisance to Property the doctrine of lost modern to suggest that mere interference with a the owner of the land benefited by solicitors grant. By virtue of section 3 right to light is not sufficient to result in an the right. of the Prescription Act, a right actionable injury. It is necessary to show that It is crucial to understand that should advise of light can be acquired if the interference has caused nuisance (Higgins a right to light is a legal right their developer the right to light has been v Betts). as opposed to a planning one. enjoyed without interruption ‘clients of the However, it is the 2010 judgment of the Notwithstanding any planning for a period of at least 20 years English High Court in HKRUK II (CHC) permission or planning exemption potential right to without the consent of a third Ltd v Heaney that stands as a clear warning a landowner might have, a right light risks that party. to all property developers. An injunction was to light could have a substantial The 2009 act repeals the granted against a developer who infringed impact on the future development may arise on the 1832 act, which had been a neighbour’s right to light, despite the of the land. A right to light can development of effective in Ireland since 1 fact that the development was completed prevent someone with an interest in January 1859. A key change and the owner of the building claiming the servient land from substantially land, especially in the 2009 act is that the the infringement (the dominant property) interfering with the access of light in city-centre requisite period of use to failed to take action for 18 months. The on the dominant land. A simple establish an easement has developer wanted to build a seven-storey example of this is the construction locations been reduced to a fixed term building, which was two storeys higher than of a building on the servient land, of 12 years. Therefore, any the previous building on the development which would obstruct or reduce the light in a person who has enjoyed the benefit of a building on the dominant land. right to light (or any other easement) will A neighbouring landowner’s right to light be entitled’ to apply to the court to obtain an has the potential to frustrate development, order confirming this right. Under the 2009 leading to costly delays, so it is important that act, unless an action to obtain a court order the risks associated with a right to light are confirming the right was brought within three made clear to the developer at the outset. years of 1 December 2009, the rights acquired under the 1832 act will have been lost and Dancing in the dark such a right will not be reacquired until 2021 A right to light can be established immediately at the very earliest. by express or implied grant. An actual grant This transitional period of three years was of a right of light is a rare thing, but they can extended to 12 years under section 38 of the be found as reservations in favour of land Civil Law (Miscellaneous Provisions) Act 2011. retained by the seller on a sale or in favour of In addition, section 37(1)(b) of the act seeks a landlord’s adjoining property on the grant to simplify matters further and provides for of a lease. an application to be made directly to the An implied grant of a light to right can be Property Registration Authority under a new established pursuant to section 40(1) of the section 49A of the Registration of Title Act diploma Centre

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Spring 2014 programme Start date Fee Diploma in Employment Law (iPad) Friday 28 February €2,520 Diploma in Child Law Wednesday 5 March €2,200 Diploma in In-House Practice Wednesday 19 March €2,200 Certificate in Data Protection Practice (online) Thursday 30 January €1,200 Certificate in Legal French Law Wednesday 5 February €990 Certificate in Pension Law and Practice (new) Thursday 13 February €1,200 Certificate in Conveyancing and Property Law (new) Tuesday 18 February €1,200 Certificate in Commercial Contracts (iPad) Thursday 20 March €1,520

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Diploma Gazette full page ad Jan/Feb 2014.indd 1 16/01/2014 12:04 law society gazette www.gazette.ie Jan/Feb 2014 cover story 31 pic

: courts, based on the principles established in thinkstock Britain, and the Heaney decision especially, and a result in favour of the applicant could lead to a flood of applications being brought diploma Centre by people claiming an infringement of their right to light. Continuing professional education for the way you learn Born to run A failure on the part of a developer to take onsite, online or on the move… a claim for infringement of a right of light seriously could lead to any of the following consequences: • The owner of a right of light obtaining an injunction, • Costly delays to the development, • Applying for a new planning permission in relation to a reconfigured development, • Paying compensation to contractors site. Once building works were completed, development in city-centre locations, and and other parties due to a delayed the developer sought a declaration confirming the proper regulation of a neighbouring development, the building was free from any rights to light, landowner’s right to light has not been • Demolishing the constructed which resulted in a counterclaim monitored with any great development. of an infringement of a right to The economic effect. The Planning and light. The owner of the dominant Development Act 2000 is what For these reasons, property solicitors should property had spent in the region success the planning authorities advise their developer clients of the potential of £3 million restoring the of the ‘Celtic rely on for the control of right-to-light risks that may arise on the building. developments, but is not development of land, especially in city- It was agreed between the Tiger’ years, sufficient for dealing with centre locations. parties that the dominant ‘coupled with an individual’s legal right to While the threat of a right-to-light claim property had a right to light light. The grant of planning in this country has never been explored in that had been infringed and so a our increasing permission is not in itself any great detail by the Irish courts, it doesn’t remedy was due. However, the population, a ‘right to build’. It cannot mean such a right does not exist in Irish law, dispute lay in what would be an has resulted in trump the legal entitlements of or that a landowner claiming infringement of adequate remedy – damages or an a neighbour. a right to light could not frustrate property injunction. This decision surprised high-density The Irish courts have development here to the same many property solicitors in Britain development not dealt with the issue of a extent as is possible in Britain. by actually granting an injunction right to light in great detail, requiring partial demolition in city centre however, when considering of a building that obstructed a locations, and how much light equates look it up Spring 2014 programme Start date Fee neighbour’s right to light. to ‘comfortable use’ and Many expected the court to the proper ‘enjoyment’. Cases: In a particular case, the Diploma in Employment Law (iPad) Friday 28 February €2,520 decline that relief and award the regulation of a n Allen v Greenwood [1979 1 All ER 819] payment of damages instead. courts will look to the current neighbouring n Colls v Home and Colonial Stores Limited Diploma in Child Law Wednesday 5 March €2,200 As a result, it has become more use of the building, the future [1904] 1 AC 179 at 185 to 186 difficult to resolve rights-to-light landowner’s right use of the building, and the n Higgins v Betts [1905] 2Ch 210 at 214- Diploma in In-House Practice Wednesday 19 March €2,200 disputes swiftly and amicably in character of its location. In the to light has not 215 Britain. Those seeking to enforce decision of Allen v Greenwood, n HKRUK II (CHC) Ltd v Heaney [2010] Certificate in Data Protection Practice (online) Thursday 30 January €1,200 a right-to-light claim could refuse been monitored it was held that the plaintiff EWHC 2245 (Ch) to engage in negotiations or cause was entitled to a significantly n Wheeldon v Burrows (1879) LR 12 Ch D 31 Certificate in Legal French Law Wednesday 5 February €990 tactical delay in order to increase with any higher degree of light for the sum that a developer might great effect his greenhouse than would Certificate in Pension Law and Practice (new) Thursday 13 February €1,200 Legislation: pay by way of settlement to avoid generally be required for n Civil Law (Miscellaneous Provisions) Act going to court and the risk of an injunction residential use. Certificate in Conveyancing and Property Law (new) Tuesday 18 February €1,200 2011 being granted. On the whole, there is a lack of statutory n Land and Conveyancing Law Reform Act Certificate in Commercial Contracts (iPad) Thursday 20 March €1,520 guidance’ and case law on an individual’s 2009 Lucky town right to light in Ireland, and it is this lack n Planning and Development Act 2000 The economic success of the ‘Celtic of precedent in the area that should cause n Prescription Act 1832 Tiger’ years, coupled with our increasing developers deep concern. It won’t be long n Registration of Title Act 1964 Contact details population, has resulted in high-density until a challenge will be brought to the Email: [email protected] Tel: 01 672 4802 Fax: 01 672 4803 Web: www.lawsociety.ie/diplomas

Diploma Gazette full page ad Jan/Feb 2014.indd 1 16/01/2014 12:04 32 legal aid law society gazette www.gazette.ie Jan/Feb 2014

Amemoireid The Courts and Civil Law (Miscellaneous Provisions) Act 2013 addresses the need for publicly funded legal aid to the next-of-kin at inquests into deaths occurring in circumstances where it appears that agents of the State are implicated in some way. Pádraig Cullinane explains

Pádraig Cullinane BL practises in the t a time when economic considerations obligations on the State arising out of the increasing pic : photocall ireland areas of medical are leading to significant re-evaluation jurisprudence of the European Court of Human Rights in and human rights of the State’s expenditure on the relation to article 2 of the European Convention on Human law administration of justice, it Rights (the right to life), as the enactment of may seem counterintuitive the ECHR Act 2003 placed a statutory duty to see the terms of part 6 The coroner’s on every organ of the State to perform its Aof the Courts and Civil Law (Miscellaneous enquiry has functions in a manner compatible with the Provisions) Act 2013 as amending both the State’s obligations under the convention Coroners Act 1962 and the Civil Legal Aid been seen to be provisions. Act 1995. These provisions give rise to an of increasing entitlement to legal aid and/or advice to ‘ Obligations on member states a family member of the deceased where public utility, The jurisprudence of the European Court an inquest is to be held and a death has providing a prompt of Human Rights (ECtHR) and British occurred in certain circumstances. cases, such as Osman and Middleton, finds The Coroners Bill was introduced in and relatively that article 2 of ECHR imposes a number 2007 and responded to many of the inexpensive public of obligations on member states. recommendations in relation to reform of The ECtHR has repeatedly interpreted the coroners’ system arising from the 2000 exposition article 2 of the convention as imposing Review of the Coroner Service. In particular, of the fact a substantive obligation not to take life the proposed section 86 of the Coroners’ without justification and also to establish Bill 2007 contained provision for legal aid for certain a framework of laws, precautions and procedures, and inquests – and is mirrored in these newer provisions. means of enforcement that will – to the greatest extent This demonstrates that the legislature was aware of the practicable’ – protect life. law society gazette www.gazette.ie Jan/Feb 2014 legal aid 33

Amemoireid pic : thinkstock

pic be available to next-of-kin where there has : photocall been, or may have been, State involvement in at a glance the death of the person that gave rise to the inquest. n There is an obligation on the State,

ireland The fact that the Coroners’ Bill 2007 was arising out of ECtHR jurisprudence not enacted into law meant that legal aid for relating to article 2 of the European coroners’ inquests had no statutory basis, Convention on Human Rights, to provide although an ad hoc system of payment of for an effective independent investigation legal representatives by the Department of into the circumstances of any death The ECtHR has also interpreted art- Justice has been in operation in inquests into occurring where the State may have icle 2 as imposing a procedural obligation deaths where the State may have had some been involved to initiate an effective public investigation involvement. n There is an obligation on the State by an independent official body into any to ensure that family members of the death occurring in circumstances where it High Court proceedings deceased can meaningfully participate in appears that agents of the state are, or may The issue of legal aid at inquest proceedings such an investigation be, implicated in some way. In Ireland, the had come before the Irish courts in Magee n The coroner’s inquest can fulfil the above coroner’s inquest fulfils the State’s procedural v Farrell & Ors. Legal aid was sought at the procedural obligation on the State obligations under the provisions of article 2. opening of an inquest in 2004. The applicant n New legislative provisions, enacted into In addition, there is an obligation to was advised that there was no provision for law in July 2013, provide for publicly provide for the effective participation of legal aid for inquests, and then instituted funded legal aid and/or advice to a family the next-of-kin in such proceedings, where proceedings in the High Court and was member at an inquest where the State may difficult issues arise. It has been held that successful in October 2005. On appeal by the have been involved or where a matter of the interests of justice demand that legal aid State, however, the Supreme Court held in significant public interest is raised 34 legal aid law society gazette www.gazette.ie Jan/Feb 2014

pic coroner for a request to be submitted by that : thinkstock coroner to the Legal Aid Board in relation to the granting of legal aid or legal advice, or both, to the applicant pursuant to the Civil Legal Aid Act 1995.” This varies from the procedure in the civil courts, in that the applicant must firstly apply to the The new coroner to certify that the proceedings attract legal aid. section 60(5) The application must be made of the Coroners before the commencement Act 1962, as of the inquest. The coroner ‘ must determine the application amended, sets within ten working days and out a series of the coroner may request the Legal Aid Board to provide circumstances legal aid and or legal advice. in which a The Legal Aid Board makes 2009 that the right to publicly funded legal of the Courts and Civil Law the assessment in relation to aid did not extend to inquests. (Miscellaneous Provisions) Act death meets the means and reverts directly to The applicant issued proceedings in the 2013, in which part 6, section requirements for a the applicant. Only one legal- European Court of Human Rights, and the 24(a) amends section 29 of the aid certificate may be granted Irish Human Rights Commission made amicus Coroners Act 1962 in relation to coroner to certify in respect of any one death to a curiae submissions advancing the position that, the furnishing of documents, to the Legal family member. because it is unclear how families of deceased while section 24(b) provides for persons would become aware of the possibility an insertion of a new section 60 Aid Board Notable development of applying for legal aid or the procedure for to the Coroners Act 1962 as follows: “Where The Civil Legal Aid Act 1995 is amended applying, that an effective remedy needed to be an inquest in relation to the death of a person by section 25 of the Courts and Civil put in place. is to be held under part III of this act, a family Law (Miscellaneous Provisions) Act 2013, The decision of the Supreme Court in Magee member of the deceased (in this section widening’ the provisions of the 1995 act has now been superseded by the enactment referred to as ‘the applicant’) may apply to the to include a person in respect of whom a

SECTION 60 OF THE CORONERS ACT when can a coroner certify to the legal aid board? The new section 60(5) of the Coroners Act centre within the meaning of section 2 of that that there is a significant public interest in 1962, as amended, sets out a series of act, the family member of the deceased person circumstances in which a death meets the e) The deceased was, at the time of his or her being granted legal aid or legal advice, requirements for a coroner to certify to the death or immediately before his or her death, or both, for the purposes of the inquest Legal Aid Board. detained in a designated centre within the concerned.” “A coroner shall not make a request referred meaning of section 3 of the Criminal Law to in subsection (4) unless: (Insanity) Act 2006 or was a person to whom Subsection 5, paragraphs (a) and (g), clearly a) The deceased was, at the time of his or her section 20 of that act refers, relate to deaths occurring in State custody or death or immediately before his or her death, f) The deceased was, at the time of his or detention; however, of note is that the ultimate in the custody of an Garda Síochána, her death or immediately before his or her paragraph (h) is not a requirement on the State b) The deceased was, at the time of his or her death, in custody in a remand centre within as a result of the jurisprudence of the European death or immediately before his or her death, the meaning of section 3 of the Children Act Court of Human Rights, as it falls outside its in custody in a prison within the meaning of 2001 or detained in a children detention article 2 provisions, although there may clearly section 2 of the Prisons Act 2007, school within the meaning of that section, be an overlap. c) The deceased was, at the time of his or her g) The deceased was, at the time of his or her Paragraph (h) provides for the discretion of death or immediately before his or her death, death or immediately before his or her death, a coroner to certify an inquest during which an in service custody within the meaning of a child in care, or issue of public interest arises as one that may section 2 of the Defence Act 1954, h) The coroner is of the opinion that the death of attract legal aid. This power was also envisaged d) The deceased was, at the time of his or the deceased occurred in circumstances the in the 2007 bill. An interpretation of public her death or immediately before his or her continuance or possible recurrence of which interest is not provided within the definitions, death, involuntarily detained under part 2 of would be prejudicial to the health or safety of but is likely to capture circumstances similar to the Mental Health Act 2001 in an approved the public or any section of the public such those in previous high-profile inquests. law society gazette www.gazette.ie Jan/Feb 2014 legal aid 35

request for legal aid or advice, or both, has In addition, the scope of an article 2 while preserving their legal interests with been made by a coroner. This is a notable compliant inquest is held to be broadened respect to any subsequent legal proceedings development. Practitioners are familiar with from establishing ‘how’ the death and, if appropriate, allaying rumour and the inquisitorial proceedings of the coroner’s occurred to ‘by what means and in what suspicion in relation to deaths in custody. court, including the provisions of section circumstances’. The provisions of the new part 6 of 30 of the Coroners Act 1962: “Questions In conclusion, the effective involvement the Courts and Civil Law (Miscellaneous of civil or criminal liability shall not be of family members by way of legal Provisions) Act 2013, which commenced considered or investigated at an inquest and, representation before the coroner will assist on enactment on 24 July 2013, are to be accordingly, every inquest shall be confined them in achieving a full exposition of the welcomed as addressing a need for publicly to ascertaining the identity of the person in facts and circumstances of the death and funded legal aid to the next-of-kin relation to whose death the inquest is being contribute to any recommendations made, in these important inquests. held and how, when, and where the death occurred.” This can be interpreted as causing the look it up findings of a coroner’s inquest to have no effect in law, beyond fulfilling the requirements Cases: n Civil Legal Aid Act 1995 of the Civil Registration Act 2004. However, n Eastern Health Board v Farrell [2001] IESC n Coroners Bill 2007 the coroner’s enquiry has been seen to be of 96 n Courts and Civil Law (Miscellaneous increasing public utility, providing a prompt n Magee v Farrell & Ors [2009] IESC 60 Provisions) Act 2013 and relatively inexpensive public exposition of n Osman v United Kingdom n Criminal Law (Insanity) Act 2006 the facts, as in the recent inquest into the death (87/1997/871/1083) n Defence Act 1954 of Ms Savita Halappanavar. n Ramseyer v Mahon [2005] ISEC 82) n ECHR Act 2003 The dicta of Keane CJ in Eastern Health n Regina (Middleton) v West Somerset n European Convention on Human Rights Board v Farrell should also be borne in mind: Coroner [2004] UKHL n Mental Health Act 2001 “It is clear that the inquest may properly n Prisons Act 2007 investigate and consider surrounding Legislation: circumstances of the death, whether or not n Children Act 2001 Literature: the facts explored may, in another forum, n Coroners (Amendment) Act 2005 Review of the Coroner Service (Department ultimately be relevant to civil or criminal n Coroners Act 1962 of Justice, 2000) liability.” 36 energy law law society gazette www.gazette.ie Jan/Feb 2014 green light Heather Murphy is a solicitor in the projects, energy and The new Energy Efficiency Directive has broad implications for all building-sector construction group stakeholders and their legal advisors. Heather Murphy gives the green light at Matheson

nergy infrastructure has been at the SI 542/2009, as amended), much of the legislation that forefront of public attention in recent applied to the energy efficiency of buildings related to months, in particular the upgrade of regulating the energy performance standard of buildings the national grid and the construction themselves, principally pursuant to part L of the Building of windfarms in order to comply with Regulations. renewable energy targets For many solicitors, the only day-to- mandated under the EU Renewable Energy The requirement day impact of energy efficiency legislation EDirective. Improving energy efficiency on their practice was the requirement and reducing energy costs has attracted of the new for all buildings offered for sale or rent less attention in Ireland, particularly directive for ‘large to have a building energy rating (BER) compared with Britain, where the cost of certificate. The new directive – which energy was a political hot potato in 2013. enterprises’ – non- repeals and replaces the previous Energy The position is set to change ‘SMEs – to carry out Services Directive – will have much considerably this year with the broader implications for all building- introduction of legislation to comply an energy audit by sector stakeholders and their legal with the new Energy Efficiency Directive 5 December 2015, advisors. Given the broad scope of the (2012/27/EU), and the roll-out of and every four years new directive, what follows is an outline the actions, programmes and policies of some of the key new measures legal under Ireland’s second National Energy thereafter, is a advisors should become familiar with. Efficiency Action Plan (NEEAP). significant new legal The new directive is very broad in its Cost-saving carrots scope and addresses barriers to improving obligation for The new directive introduces a number of energy efficiency across the entire energy such enterprises measures to increase awareness of energy supply chain – from energy production, consumption and inform consumers through to generation, distribution and about opportunities for saving energy, final consumption. One of the main sectors targeted by thereby enabling them to make informed decisions in their the new directive is the building sector, which accounts financial’ interest. for approximately 40% of the EU’s total final energy In particular, article 8 of the new directive requires consumption, and an estimated 12.6 million tonnes of member states to promote the availability of high- Ireland’s carbon emissions. quality, cost-effective energy audits to all final customers, Ireland has set an indicative target of improving energy including domestic consumers, SMEs and large efficiency by 20% by 2020. Prior to the Energy Services enterprises. Directive (2006/32/EC) (implemented into Irish law by The scope of an energy audit is wide in nature and law society gazette www.gazette.ie Jan/Feb 2014 energy law 37 green pic : thinkstock

at a glance

n New legislation is set to be introduced to comply with the new Energy Efficiency Directive. Actions, programmes and policies will be rolled out under Ireland’s second National Energy Efficiency Action Plan n The new directive repeals and replaces the previous Energy Services Directive and requires member states to promote the availability of high-quality, cost-effective energy audits to all final customers,

n The European Commission has pic : indicated that a BER assessment cannot thinkstock automatically be considered equivalent to an energy audit 38 energy law law society gazette www.gazette.ie Jan/Feb 2014 pic

assesses “the existing energy consumption : costs account for at least 9% of operating profile of a building or group of buildings, thinkstock costs for most Irish businesses. Reducing an industrial or commercial operation or energy costs can impact on the bottom line installation, or a private or public service, for all business – legal services included. identifying and quantifying cost-effective Article 8(2) of the new directive places energy savings opportunities, and reporting an obligation on member states to develop the findings”. programmes to encourage SMEs to While certain legal requirements in respect undergo energy audits and to implement of energy audits, BER assessments and energy audit recommendations. auditors already applied under the current Perhaps the strongest indication of Irish regulations (SI 542/2009 as amended a growing awareness of the value of and SI 243/2012), the European Commission improving energy efficiency is the recent has indicated that a BER assessment cannot launch by AIB of a dedicated automatically be considered equivalent to an €100 million fund for energy audit. Article 5 businesses wishing to invest in measures to improve their Mandatory energy audits of the new energy efficiency. The requirement under article 8(4) of the directive sets new directive for ‘large enterprises’ (that is, who carry out these audits Energy performance non-SMEs, as defined) to carry out an energy are sufficiently independent a 3% annual contracting audit by 5 December 2015, and every four – that is, not engaged directly ‘renovation In line with obligations years thereafter, is a significant new legal in the audited activity. This under the new directive, obligation for these enterprises. is likely to have significant target for public one of the key actions in Exemptions apply for large enterprises that implications for such buildings owned Ireland’s second NEEAP is have an energy-management system in place organisations, which will now the promotion of ‘energy that has been certified by an independent be required to engage external and occupied performance contracting’ as body in accordance with relevant European energy auditors unless the by central a means of realising energy or international standards, provided certain above exemptions apply. efficiency projects. criteria have been fulfilled. government ‘Energy performance For many large enterprises, energy Cutting costs contracting’ is defined by the consumption is audited in-house. However, It is recognised that SMEs have an enormous new directive as “a contractual arrangement such audits will not meet the requirements of energy-saving potential. Indeed, recent between the beneficiary and the provider the new directive unless the in-house expert(s) research by Amárach indicates that energy of ’an energy efficiency improvement measure, verified and monitored during the whole term of the contract, where public sector role investments (work, supply or service) in that measure are paid for in relation to a contractually agreed level of energy leading by example efficiency improvement or other agreed With an estimated annual energy spend member states ensure that central government energy performance criterion, such as amounting to some €500 million, the Irish only purchase buildings and rent premises financial savings”. public sector stands to benefit from reducing with a high energy efficiency. While there are In order to promote the market for its energy costs, thereby freeing up public a number of exceptions under the new direc- energy performance contracting in moneys for other purposes. tive, it should be noted that article 9(1) of the Ireland, the Government has launched a In light of this, and the fact that the public EPD Directive requires that, after 31 December national energy services framework. The sector can help to drive the development of 2018, all new buildings owned and occupied framework, which is currently being tested the energy-service market, the new directive by public authorities are “nearly zero-energy by 21 exemplar projects, will provide a suite requires the public sector to fulfil an ‘exemplar buildings”, except in specific cases where the of tools, including guidance documents, role’ in the context of energy efficiency. Article cost-benefit analysis over the life model forms and templates. 5 of the new directive sets a 3% annual renova- cycle of the building is negative. A ‘nearly In conjunction with the framework, tion target for public buildings owned and oc- zero-energy building’ is a building with a very the Government has also launched a new cupied by central government. The energy ef- high energy performance calculated in accord- energy efficiency fund that will provide ficiency of these renovated buildings must meet ance with annex 1 of the EPD Directive. funding for investment in energy-efficient minimum energy-performance requirements Ireland has set a separate, indicative target projects in the public and private sector set down by the Recast Energy Performance of of improving the energy efficiency of the public in Ireland, in particular for energy Buildings Directive (the EPD Directive). Alterna- sector by 33%. These new obligations supple- performance contracting. The government tively, member states may take other measures, ment the current obligations on public bodies has provided €35 million of the fund’s including deep renovation and behavioural under SI 542/2009 (as amended) in respect capital, with the aim of attracting matching changes to achieve equivalent savings. of energy audits, energy efficient procurement private sector monies. The fund will be Article 6 of the new directive requires that and energy-efficiency buildings. operated on a wholly commercial basis by Sustainable Development Capital LLP law society gazette www.gazette.ie Jan/Feb 2014 energy law 39

Another key action under Ireland’s in rent. Based on the experience in Britain, energy services market in Ireland represents second NEEAP is the introduction of a the introduction of a pay-as-you-save an opportunity for all building-sector ‘pay-as-you-save’ scheme to replace the scheme in Ireland would have implications stakeholders, including current exchequer-funded grant schemes for the sale and rental of residential and their legal advisors. for energy efficiency improvements for non-residential properties. households and business. A similar scheme With the exception of the obligations – the ‘Green Deal’ – has been adopted in placed on central government and the look it up Britain. Essentially, it enables the cost of creation of an energy-efficiency obligations energy efficiency improvements to be paid scheme for energy distributors and retail Legislation: for over time through energy bills for the energy-sale companies (which is beyond n Building Regulations premises and is based on the ‘golden rule’, the scope of this article), the new directive n Energy Efficiency Directive (2012/27/EU) whereby anticipated saving in the energy is light on ‘sticks’, opting instead for the n Energy Services Directive (2006/32/EC) costs should be higher than the costs of ‘carrot’ approach. It would appear that this n Recast Energy Performance of Buildings implementing the improvements. approach is based on the premise that, by Directive (2010/31/EC) In Britain, the Green Deal is available informing energy consumers and putting n Renewable Energy Directive (2009/28/EC) to both rented and owner-occupied in place the correct framework, consumers n SI 243/2012 (European Union (Energy premises and, in this regard, is an will chose to improve energy efficiency in Performance of Buildings) Regulations attempt to overcome the split incentive order to realise the potential energy cost 2012) between landlords and tenants to invest in savings. n SI 542/2009 (European Communities improving energy efficiency. It is arguable that this is the correct (Energy End-Use Efficiency and Energy Historically, there have been few approach, in the sense that investment Services) Regulations 2009) incentives for landlords to invest in in energy efficiency to retrofit existing improving energy efficiency if this was buildings should be cost effective, whereas Literature: likely to result in reduced energy costs for new buildings should comply with specific n National Energy Efficiency Action Plan tenants without a corresponding increase standards. The development of the

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The dearth of sentencing in white-collar crime cases has meant that criminal practitioners have had relatively little to go on when advising clients faced with an investigation. But recent cases have changed all that. Dara Robinson points the finger

collared! pic : photocall ireland raditionally, the investigation and Division at Revenue, coupled with a willingness to prosecution of white-collar crime prosecute that is at odds with the familiar approach. A in Ireland has formed but a modest dedicated section of the Revenue website outlines the proportion of the caseloads of the prosecutions, albeit with very limited information, brought criminal courts and of criminal law over the last few years – many of which are prosecutions practitioners. In recent years, however, on indictment resulting in prison sentences. cases brought by the Garda Bureau of Fraud Investigation, Moreover, a number of such cases have now been Dara Robinson T the Competition Authority, the Department of Social considered by the Court of Criminal Appeal (CCA), and is partner in the Protection, and most especially by Revenue, have increased coherent threads of jurisprudence have emerged that will Dublin law firm in number and have resulted in a cogent and coherent no doubt be further developed, but which offer a good Sheehan & Partners body of law as to how such cases, many of them high- indication of those factors considered most significant in profile, should be disposed of in the event of conviction. the sentencing process in this kind of case. In addition, the partly commenced Criminal Justice Act 2011 underlines the State’s determination to mount an Start me up increasing offensive against what is seen as hitherto under- A useful starting point was the case of DPP v George prosecuted offending behaviour. Redmond, an early example of the DPP exercising the right Looking at the agencies referred to above, perhaps the to appeal the purported undue leniency of first-instance most obvious changes to the traditional role are to be seen sentences, using section 2 of the Criminal Justice Act 1993. within Revenue. Historically seen as collectors of taxes, Redmond had been fined by the Circuit Court for tax even where there was default amounting to offending, such offences. The discussion in the CCA was wide ranging, as under-declaration of taxes due, the last decade or so has but a clear principle as to what constituted ‘punishment’ seen a greatly beefed-up Investigations and Prosecutions emerged in the case, being the cumulative nature of law society gazette www.gazette.ie Jan/Feb 2014 white-collar crime 41

McKechnie J gave the judgement of the CCA. In a ‘lengthy ruling, he declined politely to follow Murray, and effectively set it aside, answering the specific question – whether tax cases should pic :

be dealt with thinkstock differently – in collared! the negative ’ pic

: offending over a period of some eight identities and forged documentation over a photocall years. Prior to his sentencing date, he had period of some five years. discharged a tax liability of some €500,000, After illegally obtaining just under

€ € ireland with a further 200,000 in penalties and 250,000, Murray received 25 consecutive interest. He was sentenced to 20 months in sentences of six months each – a total the Circuit Court. On appeal to the CCA of 12-and-a-half years – on a guilty plea four months later, the court held that he in the Circuit Court. In an occasionally had been sufficiently punished by the time hardship suffered by an accused, which already served in prison. Hardiman J, giving included loss of reputation and, perhaps the ruling of the court, had no doubt that at a glance more pertinently, any payment of interest the “financial penalty”, being payment over and penalties, over and above the unpaid and above the tax due, was “in the nature n The investigation and prosecution of taxes, which had been discharged as part of of a punitive consequence”, and had been white-collar crime in Ireland is increasing a settlement with Revenue. The court also insufficiently so considered by the trial judge. n Cases brought by State agencies in recent reiterated the traditional approach, that any years have resulted in a cogent body of sentence imposed must be proportionate to Fidelity to the nation law the gravity of the offences and to the personal Large-scale social welfare fraud fell to be n A number of such cases have now been circumstances of the offender. considered by the CCA in DPP v Murray. considered by the Court of Criminal A further important case was that of DPP By far the most serious offending of its kind Appeal, and coherent threads of v Colm Perry. Here, the accused, a building in Irish legal history, Murray involved a jurisprudence have emerged that offer a contractor, pleaded guilty to 21 specimen prolonged, well-organised, systematic and good indication of the factors considered charges relating to VAT and income tax lucrative fraud, involving multiple false most significant in the sentencing process Musici i reland c oncert Thursday 20th March at 7.30pm gleeson Theatre, Kevin Street, Dublin

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Tickets €20 PR ogR amme available at the door on the night, or from Liam Bates “Vivo” www.friendsofstlukes.ie Vivaldi “Tempesta di Mare” Grieg “Holberg Suite” Britten “Simple Symphony” www.musici.ie Holst “St. Paul’s Suite”

Raffle pRizes to include: A private concert by Musici Ireland. A piece of bespoke handmade furniture up to the value of €500. A watercolour painting by artist Ian McNinch. Full day’s deep sea fishing trip for 10 people worth €650. law society gazette www.gazette.ie Jan/Feb 2014 white-collar crime 43 pic

: the cupboard”, in the memorable phrase of By the time of sentence, all payments had thinkstock the CCA, to discharge taxes, interest and been made promptly and the outstanding penalties, including the sale of a modest balance was on course to be fully discharged property portfolio. The last tranche of such within the agreed timeframe. In addition, the payment, in excess of €200,000, had been accused had demonstrated an extraordinary paid over to Revenue on the morning of the level of cooperation with the investigation. sentence hearing. The CCA, after considering and rejecting Incentivising cooperation a number of other grounds of appeal, held McKechnie J gave the judgment of the CCA. that “when considering sentence, however, In a lengthy ruling, he declined politely to it would be an obvious injustice if a person follow Murray, and effectively set it aside, were not entitled to invite a court to take answering the specific question – whether tax into account the extent of cases should be dealt with differently – in the financial reparations he has negative. More significantly, he emphasised The CCA, after been compelled to make on the “the incentivising” of cooperation and considering and civil side”. restitution by appellants in the position of Mr There were two related Begley. Without saying as much, it was clear rejecting a number aspects to this issue: firstly, the that the State has a vested interest in securing Musici i reland of other grounds of penalty involved in making the such assistance. Were it otherwise, advisers payments themselves; secondly, would have to consider what merit there would splenetic judgment in the ‘appeal, held that the effect on a man the age be in advising cooperation and what value, for a CCA, Finnegan J noted the ‘when considering of the appellant (and on his suspect, would lie in assisting the investigation c oncert “time of crisis for the public family) of being, as it were, set or in making substantial repayments. The finances” and the appellant’s sentence, however, back to square one financially. court spelled out, lest there be any doubt, Thursday 20th March at 7.30pm constitutional duty (as a citizen) it would be an The court also began the that “restitution may have a level of high legal gleeson Theatre, Kevin Street, Dublin of “fidelity to the nation and obvious injustice if process, continued in the Begley significance in fraud cases”. loyalty to the State”. case, of distancing itself from It seems almost inevitable that cases of this The court reduced the a person were not Murray and its significance kind will continue to grow in number. Various Guest Director overall sentence to one of eight entitled to invite as an authority for swingeing factors, among them a recorded increase and Soloist: years, all the while indicating sentences for fraud on the State. in informing to the Department of Social Helena Wood that such a sentence tended to a court to take Protection and widespread whistle-blowing (Newly(Newly appointedappointed be reserved for grave crimes into account the Pungent case obligations imposed by section 19 of the concertmaster against the person. The DPP v Begley was unusual in Criminal Justice Act 2011, can only lead to new of the RTE National ultimate emphasis, according extent of financial that it attracted a good deal allegations being brought to the attention of in aid of Symphony to Finnegan J, called for severe reparations he has of media comment, much the relevant authorities. of it critical of the seeming It is clearly incumbent on practitioners who Orchestra) punishment for Murray’s departure from the “high level been compelled to harshness of the sentence. find themselves asked to advise suspects in of social solidarity” required at make on the Popularly known as the ‘garlic such cases to familiarise themselves with the this time of “pressing national case’ (see Gazette, May 2013, relevant sentencing principles, so as to enable need”. civil side’ p22), the accused had been their clients to make the best possible decisions However, Finnegan J sentenced to six years by the when faced with an investigation attempted to go further, and to lay down Circuit Court, including one term of five by a white-collar crime agency. guidelines for future courts, calling for “an years – the maximum available – on a guilty immediate and appreciable custodial sentence” plea.’ The alleged offences had concerned a and in memory of Reggie Redmond in all such cases. This latter approach, while fraud over several years, misdescribing garlic look it up not unknown in comparable jurisdictions, had as other goods in customs declarations in long ago been expressly discouraged by the order to attract a lower rate of import duty. Cases: Supreme Court in Tiernan (1988) and was the As a result of the investigation, it was n DPP v Begley [2013] IECCA 32 PR ogR amme subject of further adverse comment in Begley considered that approximately 1,413 tonnes n DPP v Colm Perry [2009] IECCA 161 € Tickets €20 (see below) and cannot be seen as a correct of garlic, valued at 1.1 million, were n DPP v George Redmond [2001] IR 290 statement of law. imported from China during the period in Liam Bates “Vivo” n DPP v Hughes [2012] IECCA 85 available at the door on the night, or from question. It was estimated that €1.6 million n DPP v Murray [2012] IECCA 60 Vivaldi “Tempesta di Mare” ‘Emptied the cupboard’ in duty was thus evaded. The appellant came n People (DPP) v Tiernan [1988] IR 250 www.friendsofstlukes.ie Both Perry and Murray, among others, were to an arrangement with the Revenue to Grieg “Holberg Suite” considered by the CCA in DPP v Hughes. repay the sum of €1.6 million in instalments, Legislation: Hughes, a car dealer, had pleaded guilty to commencing with the payment of a lump Britten “Simple Symphony” n Criminal Justice Act 1993 a number of sample counts of VAT evasion sum of around €219,000 to Revenue in n Criminal Justice Act 2011 www.musici.ie Holst “St. Paul’s Suite” and had been sentenced to four years by December 2009, with a payment schedule of the Circuit Court. He had no previous €24,000 per month up to December 2011 Literature: convictions, a feature common to many such and €33,000 per month thereafter being n Law Society Gazette, May 2013, pp22-25 cases. Most significantly, he had “emptied subsequently agreed upon. Raffle pRizes to include: A private concert by Musici Ireland. A piece of bespoke handmade furniture up to the value of €500. A watercolour painting by artist Ian McNinch. Full day’s deep sea fishing trip for 10 people worth €650. 44 profile law society gazette www.gazette.ie Jan/Feb 2014

When he retired last December, Bandon-based solicitor Edward O’Driscoll was one of the longest-serving practitioners in the country. Mark McDermott met him at the office founded by his father and discovered a man with a brilliant mind, a gift for storytelling, and a love of the theatrical A Memoryll

pics : D enis B man oyle

at a glance

n Third-longest serving solicitor n Rebel burnings in Bandon n Wake-up call at 24 n The cut-and-thrust of the District Court n Cases of local and national interest law society gazette www.gazette.ie Jan/Feb 2014 profile 45

dward O’Driscoll is the kind of man you his chambers, which I did, only to be told that my father had don’t forget. He has immense presence, is died suddenly at home and that my mother wanted me. very direct, eyeballs each person he meets, “I came home and, my, that was my wake-up day! My owns a strong voice that wouldn’t be out father was gone. I had to make all the decisions from there of place on the stage, and is a fabulous on. I was 24. raconteur. I also discover that he has a “People used to say, ‘Ah, he’s only a young fella. What Ememory to match Jimmy Magee’s – Bandon’s very own does he know?’ That stung me. God, I made sure I got to Mark McDermott ‘memory man’. know and started to work to monopolise the District Courts is editor of the Law When he retired last December, he was the third longest- around here for a good number of years.” Society Gazette serving practitioner in the country, after Law Society What does he mean by ‘monopolise’? past-president William Osborne of Naas (admitted to the “Well, you see, solicitors considered the District Court profession in 1947), and Joseph Quirke of Carrick-on-Suir beneath them – a lot of them anyway. Beneath them! So (admitted in Hilary of ’48). Edward entered the profession they’d send out the apprentice or the least busy individual in Michaelmas of the same year. in the office. But goodness me, from the District Court The eldest son of solicitor PJ O’Driscoll – the founder of everything sprung! Because in litigation cases, clients would the family’s practice – Edward says that due to marrying late, be asked if they had been hurt. And if they had been hurt, his dad seemed in a great hurry to get him qualified. well, there was the question of what damages might follow. At the time when his own dad qualified in 1899, there Damages claims followed, very often, with a High Court were nine solicitors practising in Bandon – only two of them case.” Catholic. “The Essex Regiment was based in Bandon at that time,” says Edward. “The man in charge was Major Percival. Can a cat swim? He had the honour of surrendering the British Forces to the Slowly but surely, Edward started making a name for Japanese Imperial Army in Singapore in 1942,” he adds with himself. “I was the kind of person who believed that you a heavy helping of sarcasm. should be heard in court. And you should be “This is the Rebel County, and the heart logical in the questions you asked – that it was of rebel feeling was here when my father My most important that all the bystanders listening in was in practice,” he says. “There were many court, of whom there were many in bygone non-Catholic businesses in town and, at famous local days, would hear what you said and understood one stage, there was a threat to burn certain case concerned why you were asking a question, or what points buildings. These buildings were marked with the issue of you were making.” a white cross on the doors. My father’s office ‘ Many of the cases in which he was involved at number 4, South Main Street, was a small whether a cat started getting publicity in the local papers. rented office and it got marked. Of course, a could swim or “My most famous local case concerned the lot of people didn’t like him. issue of whether a cat could swim or not. I’ll “The rebel movement was behind it. He not. I’ll ask you ask you the question, do you know whether a had a close friend, though, called Sonny, who the question, cat can swim?” was very well connected with the rebels. PJ I fudge the answer by saying that I suspect contacted him: ‘They marked my office,’ he do you know so, but can’t be certain. It doesn’t take much told him. whether a cat to imagine Edward in full flow in a packed ‘Who did that now? That wasn’t supposed courtroom as he retorts: “Do you know that to be marked at all,’ he replied. “I’ll look after can swim? all four-legged animals can swim because their that,” he reassured PJ. body weight will be kept up by the water’s “All the marked offices were burned,” says Edward, “but buoyancy. And they learn to swim – even if they have never my father’s office was not. That kind of political and social previously had the experience! tension is not felt or fully appreciated now at all! That was “Anyway,’ some young boys coming home from school part of life and business in Ireland at that time before the spied the school mistress’s cat – a big overfed, underused foundation of the new State.” tomcat. And one boy said to the others, ‘Do you think a cat can swim? Oh, I think a cat can swim and I’ll have a bet.’ Wake-up day They made the bet and they caught the cat and threw Was it a given, then, that Edward was going to take over him into the river at Adrigole Bridge and, of course, the cat from his father? “He decided it for me,” says Edward. “I swam out and went home to the school ma’am. When she had no option.” Did he ever regret that? “No, I did not. No, saw the conditin of her tabby, she blew a fuse and got onto because I was very much among people.” the local sergeant, who charged the three lads with cruelty He began working with his father as soon as he had to animals – and he had to charge their parents as they were qualified. “Alas, my father only lived for four more years. He underage. They consulted me. So down we go, 70 miles to died in 1952, suddenly, when I was in a courtroom in Cork. the District Court, and I decide to make a case of this. A phone call came to the county registrar and a note was “I asked the sergeant, ‘Sergeant, can a cat swim?’ He passed to the judge who said he was adjourning the case and objected to the relevancy of the question. And I replied: wished to retire to his room. He invited me to join him in ‘But that’s what this case is all about! Can a cat swim or Two new titles from TwoTwo newnew titlestitles fromfrom

Local Authority Registration of Deeds Local Authority Registration of Deeds LocalEnforcement Authority Registrationand Title in Ireland of Deeds Enforcementby John J Morrissey BL, BA, MRUP, Dip Arb andby John Deeney Title in Ireland Enforcementby John J Morrissey BL, BA, MRUP, Dip Arb andby John Deeney Title in Ireland byThis John new J Morrissey book takes BL, BA, eight MRUP, Acts Dip Arbthat govern byAn John up-to-date, Deeney comprehensive and practical Thismany new important book takes local eight authority Acts that functions, govern Anguide up-to-date, to deeds comprehensiveand land registration and practical Thismanyand new considers important book takesthe local possible eight authority Acts offences that functions, govern that Anguidepractice up-to-date, to writtendeeds comprehensive and by oneland of registration Ireland’s and practical foremost manyandcould considers important be committed the local possible underauthority offenceseach. functions, that guidepracticeauthorities to deeds written on andthe by subject.land one ofregistration Ireland’s foremost andItcould discusses considers be committedthe prosecution the possible under of those offences each. offences, that including: practiceRegistrationauthorities written of on Deeds the by and onesubject. Title of in Ireland’s Ireland provides foremost you couldn Gathering be committed of evidence under each. authoritieswith an updated on and the comprehensive subject. account of the current It discusses the prosecution of those offences, including: lawRegistration relating to of the Deeds registration and Title of indeeds Ireland and providestitle in Ireland. you n Initiating of proceedings Itn discusses Gathering the of prosecutionevidence of those offences, including: Registrationwith an updated of Deeds and comprehensive and Title in Ireland account provides of the youcurrent n Presentation of the case law relating to the registration of deeds and title in Ireland. nn Gathering Initiating ofof evidenceproceedings withComprehensive an updated and coverage comprehensive includes: account of the current

lawn Arelating full account to the of registration the Land Registration of deeds and Rules title 2012–2013,in Ireland. nYoun Initiating Presentation will also of proceedings find of the insightful case coverage of topics such as: Comprehensive coverage includes: keeping you up to date with the latest legal developments nn Presentation Strict and absolute of the case liability offences Comprehensiven A full account coverage of the Land includes: Registration Rules 2012–2013, You will also find insightful coverage of topics such as: n A comprehensive chapter on effecting first registration – n Ascribing intention to corporate bodies n Akeeping full account you ofup the to date Land with Registration the latest Rules legal 2012–2013, developments Youn Strict will also and findabsolute insightful liability coverage offences of topics such as: giving you the practical solutions you need nkeeping A comprehensive you up to date chapter with on the effecting latest legal first developments registration – n Shifts of burdens of proof n Electronic registration and electronic conveyancing – nn Strict Ascribing and absolute intention liability to corporate offences bodies giving you the practical solutions you need n Ahow comprehensive going online chapter will save on you effecting time and first effort registration – nFinally,n Ascribing Shifts the of burdensintentionwork addresses of to proof corporate the consequences bodies of conviction: ngiving Electronic you the registration practical andsolutions electronic you need conveyancing – n Land Registry mapping practice in the digitised neg Shifts the lossof burdens of a right of toproof a licence or the application of the n how going online will save you time and effort Finally, the work addresses the consequences of conviction: Electronicenvironment registration and electronic conveyancing – Proceeds of Crime Acts. nhow Land going Registry online mapping will save practice you time in theand digitised effort Finally, eg the the loss work of a addressesright to a licence the consequences or the application of conviction: of the n Changes to land registration practice effected by the Land n Landenvironment Registry mapping practice in the digitised egThisProceeds the book loss of ofwill Crimea rightprovide Acts. to aan licence essential or the application of the and Conveyancing Law Reform nenvironment Changes to land registration practice effected by the Land reference for solicitors with an Act 2009 – make sure you’re Proceeds of Crime Acts. and Conveyancing Law Reform interestThis book in willlocal provide authority an essentiallaw. n Changesoperating to bestland practiceregistration practice effected by the Land reference for solicitors with an andAct Conveyancing 2009 – make sure Law you’re Reform This book will provide an essential operating best practice referenceinterest infor local solicitors authority with law. an Act 2009 – make sure you’re interestoRDER in yolocalUR authority copy To law.DAy operatingoRDER yo bestUR copypractice ToDAy oRDER yoUR copy ToDAy oRDER yoUR copy ToDAy ISBN: 978 1 78043 252 6 ISBN: 978 1 78043 228 1 oRDER yoUR copy ToDAy oRDER yoUR copy ToDAy Pub Date: Feb-14 Publication Date: Feb-14 ISBN: 978 1 78043 252 6 ISBN: 978 1 78043 228 1 Format: Hardback Format: Hardback ISBN:Pub Date:978 1 78043Feb-14 252 6 ISBN:Publication 978 1 78043 Date: 228 Feb-14 1 Price: €185 + €5.50 P&P List price: €190 + €5.50 P&P PubFormat: Date: Hardback Feb-14 PublicationFormat: Hardback Date: Feb-14 Format:Price: €185 Hardback + €5.50 P&P Format:List price: Hardback €190 + €5.50 P&P Price: €185 + €5.50 P&P List price: €190 + €5.50 P&P To oRDER A copy of ThEsE books Contact Jennifer Simpson,To BloomsburyoRDER Professional.A copy ofTel: +353ThEsE (0) 1 637 books 3920 Fax: +353 (0) 1 662 0365 Email: [email protected] Web: www.bloomsburyprofessional.com Contact Jennifer Simpson,To o BloomsburyRDER A Professional. copy of Tel: ThEsE +353 (0) 1 books637 3920 Fax: +353 (0) 1 662 0365 Contact JenniferEmail: Simpson, [email protected] Bloomsbury Professional. Tel: Web: +353 www.bloomsburyprofessional.com (0) 1 637 3920 Fax: +353 (0) 1 662 0365 Email: [email protected] Web: www.bloomsburyprofessional.com Two new titles from law society gazette www.gazette.ie Jan/Feb 2014 profile 47 Two new titles from

Running between Local Authority Registration of Deeds cases, a EnforcementLocal Authority andRegistration Title in Ireland of Deeds colleague commented: by John J Morrissey BL, BA, MRUP, Dip Arb by John Deeney ‘ Enforcement and Title in Ireland “Gosh, Ned, by John J Morrissey BL, BA, MRUP, Dip Arb by John Deeney This new book takes eight Acts that govern An up-to-date, comprehensive and practical you’re having Edward O’Driscoll with the partners, solicitors and staff of PJ O’Driscoll, Solicitors many important local authority functions, guide to deeds and land registration a great day This new book takes eight Acts that govern An up-to-date, comprehensive and practical not? Does the sergeant know to him: ‘Gosh, Ned, you’re having a evenings at the 40-foot, for all 22 days of the manyand considers important the local possible authority offences functions, that guidepractice to writtendeeds and by oneland of registration Ireland’s foremost that much or is he in ignorance today. You’re great day today. You’re threshing in case in July.” andcould considers be committed the possible under offenceseach. that practiceauthorities written on the by subject. one of Ireland’s foremost of it?’ And, of course, I laid threshing both haggarts!’” stress on that aspect so that the The best advice he received as a Accurate finisher Itcould discusses be committedthe prosecution under of those each. offences, including: Registrationauthorities of on Deeds the and subject. Title in Ireland provides you jury would titter and come over in both lawyer came from his father. “His What does it take to be a successful n Gathering of evidence with an updated and comprehensive account of the current to my side. haggarts!” advice about going to court was to solicitor? “Be an accurate finisher – and It discusses the prosecution of those offences, including: lawRegistration relating to of the Deeds registration and Title of indeeds Ireland and providestitle in Ireland. you “Eventually he said he didn’t make sure that you were the person that means work completed, costs paid, tax n Initiating of proceedings n Gathering of evidence with an updated and comprehensive account of the current know. ‘Well,’ says I, “if you were 11 years old, in the court that knew most about your case paid, no stupid undertakings outstanding – n Presentation of the case law relating to the registration of deeds and title in Ireland. n Initiating of proceedings Comprehensive coverage includes: wouldn’t it show that you had some prospects and, above all, to know the exceptions of your no stupid undertakings outstanding. Be an n A full account of the Land Registration Rules 2012–2013, if you were interested in trying to ascertain case. I would never go into court and do a accurate finisher.” n Presentation of the case Comprehensive coverage includes: ’ You will also find insightful coverage of topics such as: keeping you up to date with the latest legal developments whether a cat could swim or not?!’ case that I was handed that morning. I always Was that something Edward learned n Strict and absolute liability offences n A full account of the Land Registration Rules 2012–2013, You will also find insightful coverage of topics such as: n A comprehensive chapter on effecting first registration – “The judge thought it comical and realised wanted to understand my case.” from hard-won experience? n Ascribing intention to corporate bodies keeping you up to date with the latest legal developments that there was no malice in the intent and Probably the biggest case he was involved “It was more to do with witnessing n Strict and absolute liability offences giving you the practical solutions you need n A comprehensive chapter on effecting first registration – dismissed all charges. I was almost cheered out in – in terms of legal impact – related to a other solicitors who got into difficulties,” n Shifts of burdens of proof n Electronic registration and electronic conveyancing – n Ascribing intention to corporate bodies giving you the practical solutions you need of court!” marriage break-up that took place in the he replied. On a number of occasions, he how going online will save you time and effort Finally,n Shifts the of burdenswork addresses of proof the consequences of conviction: n Electronic registration and electronic conveyancing – High Court in Dublin. was asked by the Law Society to take over n Land Registry mapping practice in the digitised eg the loss of a right to a licence or the application of the how going online will save you time and effort Fishy tales “The solicitor against me, for the wife (and certain practices that had got into trouble. Finally, the work addresses the consequences of conviction: environment “That was the time when I used to get fish as a plaintiff), was none other than Alan Shatter, He maintains that the chief difficulty he Proceeds of Crime Acts. n Land Registry mapping practice in the digitised eg the loss of a right to a licence or the application of the n Changes to land registration practice effected by the Land bonus for my fee – fish! And one day I got four now minister for justice. There were 22 encountered in these practices was their environment ThisProceeds book of will Crime provide Acts. an essential and Conveyancing Law Reform tuna, which are a very big fish! I brought them days at hearing before Mr Justice William failure to finish cases properly. n Changes to land registration practice effected by the Land reference for solicitors with an Act 2009 – make sure you’re home to my wife, Kathleen, and she put her Ellis. The counsel against me included Having retired, Edward is now facing and Conveyancing Law Reform interestThis book in willlocal provide authority an essentiallaw. operating best practice foot down: ‘Don’t you ever bring home tuna to Mary Robinson SC, subsequent President of into a new phase in his life. Does he have reference for solicitors with an Act 2009 – make sure you’re me again!’ Ireland, and Iarflaith O’Neill, who became a any unfulfilled ambitions? “No. I don’t interest in local authority law. operating best practice “I used to get paid in all sorts. I got a ton High Court judge. think, given another chance, that I could oRDER yoUR copy ToDAy oRDER yoUR copy ToDAy of oats and, on another occasion, two tons “On my side, I had Declan Budd SC and have done a whole lot differently – no.” of oats for fees. I got a grand pony one time, Mary Irvine who acted as his junior (both of Has he any regrets? “Regrets? Oh God, oRDER yoUR copy ToDAy oRDER yoUR copy ToDAy from a tough fella from Dunmanway who was whom would become High Court judges). I that I was suspended by the GAA [for ISBN: 978 1 78043 252 6 ISBN: 978 1 78043 228 1 charged with larceny. It was a criminal trial and instructed both of them. Alan Shatter, in his playing a ‘foreign game’ in Dublin, leading Pub Date: Feb-14 Publication Date: Feb-14 ISBN: 978 1 78043 252 6 ISBN: 978 1 78043 228 1 he couldn’t pay the fee. So I got a pony, – but book Family Law in the Republic of Ireland, to him missing out playing with the Cork Format: Hardback Format: Hardback Pub Date: Feb-14 Publication Date: Feb-14 it turned out to be a great pony and I sold it mentions that case as the reason why the Minors]. That was an awful regret.” Price: €185 + €5.50 P&P List price: €190 + €5.50 P&P afterwards for a good price of £200 or £300!” Judicial Separation and Family Law Reform Act What will they say about him in his Format: Hardback Format: Hardback Edward continued to prosper in court. On 1989 was necessary. We had no option at that retirement? “That I was a colourful Price: €185 + €5.50 P&P List price: €190 + €5.50 P&P one occasion, out of 24 cases on the list for time but to deal separately with the issues of practitioner – and that I created drama the Cork High Court personal injury list, he children, maintenance, alimony, guardianship, when perhaps there was no need for it – To oRDER A copy of ThEsE books had 15 – an all-time record. He had a tough property. but that I was never intimidated or fearful time that day, trying to manage it so his cases “The 1989 act allowed all of those issues to be of the court. The client knew that I was Contact Jennifer Simpson, Bloomsbury Professional. Tel: +353 (0) 1 637 3920 Fax: +353 (0) 1 662 0365 To oRDER A copy of ThEsE books wouldn’t clash: “Running between the two addressed as one. God above, what a case! Each his man and that I was Email: [email protected] Web: www.bloomsburyprofessional.com Contact Jennifer Simpson, Bloomsbury Professional. Tel: +353 (0) 1 637 3920 Fax: +353 (0) 1 662 0365 High Court rooms, a colleague commented day, I was so exhausted I’d go for a swim in the trying my best for him.” Email: [email protected] Web: www.bloomsburyprofessional.com 48 books law society gazette www.gazette.ie Jan/Feb 2014

Consolidated Bankruptcy and Personal Insolvency Legislation Bill Holohan and Keith Farry. Round Hall (2013), www.roundhall.ie. ISBN: 978-0-41403-145-6. Price: €115. This book is an essential provisions being amended even act where the High Court’s addition to the library of before they came into force. interpretation could generate a anyone involved in the The potential for confusion is significant impact on personal personal bankruptcy arena in obvious. However, the authors insolvency. The book also has a Ireland. The primary piece of tread a careful path through the useful discussion on alternatives bankruptcy legislation, namely legislative minefield, and show to Irish bankruptcy, and briefly the Bankruptcy Act 1988, has the safe way to proceed. discusses forum shopping been extensively amended This book is a comprehensive and individual voluntary by various acts. The authors consolidation of all of the arrangements in Britain. identify them all, with the bankruptcy and personal Up to recently, there were exception of the amendments insolvency legislation in less than ten bankruptcies a year introduced by the Companies Ireland up to the beginning in Ireland. Many thousands a (Miscellaneous Provisions) Act, of December 2013 and shows year are expected in the coming 2013, which was signed into the amendment history of each years. They and their advisors law on Christmas Eve last. section that has been amended. will have a steep learning curve. Additionally, the authors have It also has a useful introductory The authors, who are at the also, quite painstakingly, combed chapter comprising a review top of that curve already, have the statute books in order to summarising the reform of done a great service to those identify any legislative provisions identifies all such issues. bankruptcy and insolvency struggling to come to terms with that would have a bearing on the Even though the Personal law in Ireland. There is a a vast body of legislation. interpretation or application of Insolvency Act 2012 is relatively useful commentary on the the primary legislation. recent, it has already been key provisions of the Personal Jim Stafford is managing partner For example, other than by amended by no less than four Insolvency Act. The authors of specialist insolvency firm Friel reviewing this publication, subsequent acts, with some of its highlight those sections of the Stafford. how else would one know that any debts arising from the application of the levies reading room referred to in articles 49 and 50 of the European Coal and Steel Community Treaty, which shall almost 6,000 book loans in 2013 have fallen due within the period Members borrowed 5,799 books from the Society’s Loans can be collected from the library or can of 12 months next before the library during 2013. Members may borrow up to be delivered by the DX’s tracked courier service date of the order of adjudication five books for a ten-day period – one renewal for delivery to your office address the following of the bankrupt was made, and is allowed, provided books are not overdue or working day during business hours. There is a any surcharges in respect of reserved by another reader. delivery charge of €5 per packet for this service. delay in paying those levies, referred to in article 3 of the Commission recommendation, are to be regarded as preferential new books available to borrow debts for the purposes of • Abrahamson, William et al, Discovery and • Holohan, Bill and Keith Farry, Consolidated section 81 of the 1988 act, Disclosure (2nd ed; Round Hall, 2013) Bankruptcy and Personal Insolvency and consequently are afforded • Byrne, Mema, Landlord and Tenant Law: The Legislation (Round Hall, 2013) a priority when it comes to Commercial Sector (Round Hall, 2013) • McDonnell, Martin, The Law of Firearms and payment of the bankrupt’s debts? • Crowley, Louise, Family Law (Round Hall, Offensive Weapons (Clarus Press, 2014) In the same vein – but more 2013) • O’Malley, Thomas, Sexual Offences (2nd ed; likely to arise – payments due • Esplugues, Carlos and Silvia Barona, Global Round Hall, 2013) under the Maternity Protection Perspectives on ADR (Intersentia, 2013) • Toghda, Sean, European Arrest Warrant Acts Act 1994, the Adoptive Leave Act • Evans, Malcolm D, Blackstone’s International 2003 and 2012: Annotated and Consolidated 1995, the Employment Equality Law Documents (OUP, 2013) (Round Hall, 2013) Acts 1988-2008, the Parental • Dowling, Karl and Karen McDonnell, Civil • Samad, Mahmud, Court Applications Under Leave Act 1998, the National Procedure in the Circuit Court (2nd ed; Round the Companies Acts (Bloomsbury Professional, Minimum Wage Act 2000, the Hall, 2013) 2013) National Training Fund Act 2000, • Franconi, Francesco and James Gordley, • Todd, Richard and Elisabeth Todd, Todd’s and the Carers Leave Act 2001 Enforcing International Cultural Heritage Law Relationship Agreements (Sweet & Maxwell, are also afforded equal priority. (OUP, 2013) 2014) Would you have known that? This very practical publication law society gazette www.gazette.ie Jan/Feb 2014 books 49

THOMSON REUTERS TM Banking Law ROUND HALL John Breslin. Round Hall (3rd edition, 2013), www.roundhall.ie. ISBN: 978-0-4140-313-71. Price: €547.35 (incl VAT). REUTERS/ Carlos Barria Carlos REUTERS/

In his preface to this third edition, the author notes that the law relating to banks has become front-page news. It has also become a central area of practice for many firms. This text provides a useful guide for any practitioner called on to advise on the enforcement of a loan, or on banking law more generally, breaking down complex issues and explaining them in a comprehensible manner, particularly COMMENTARY by reference to recent case law. ON WESTLAW IE The text first considers the framework of financial regulation for banks (including a Contract Law in Ireland – 7th Edition useful overview of the legislative measures Just published in October 2013 NEW adopted to deal with the financial crisis) and Robert Clark then explores, in varying degrees of detail, Discovery and Disclosure – 2nd Edition DEC the issues arising between a bank and its more detailed texts on the relevant area. William Abrahamson, James B. Dwyer 2013 customer, including the application of the law As one would expect, banking law is not and Andrew Fitzpatrick of contract, liability in negligence, the duty of standing still, and practitioners must be confidentiality, as well as the law relating to cognisant of ongoing legislative changes AVAILABLE NOW bank accounts, cheques and letters of credit. and recent case law, such as the enactment, Banking Law – 3rd Edition 2013 John Breslin The second half of the text considers the since the publication of this text, of the law relating to various forms of security. These Civil Procedure in the Superior Courts Central Bank (Supervision and Enforcement) 3rd Edition 2012 The Brehon Library later chapters are essential reading for most Act 2013 (it should be noted that Mr Breslin Hilary Delany and Declan McGrath firms, given the increase in the number of debt- does draw attention to relevant provisions The Law of Credit and Security – 1st Edition 2010 recovery cases before the courts in recent years of the bill in the text, but these sections Mary Donnelly and the distinct issues that can arise, depending must be read in conjunction with the Administrative Law in Ireland on the particular form of security granted. wording of the act as ultimately enacted), 4th Edition The Brehon Library Gerard Hogan and David Gwynn Morgan Given the volume of issues considered in as well as future changes to the framework Employment Equality Law – 1st Edition 2012 this text, some of them (by the author’s own within which banks currently operate, like Marguerite Bolger, Claire Bruton admission) are only considered in brief, for the planned establishment of the single and Clíona Kimber example, anti-money-laundering legislation supervisory mechanism by Insurance Law – 3rd Edition 2012 and the law relating to NAMA, as well as the European Central Bank. Austin J. Buckley general areas like the law of contract and tort. The Law of Personal Injuries – 1st Edition 2010 For such issues, while this text provides a useful Tracy Lyne is a solicitor in the enforcement Colin Jennings, Barry Scannell and Dermot Francis Sheehan overview, it should be read in conjunction with directorate of the Central Bank of Ireland. The Criminal Process – 1st Edition 2009 Thomas O’Malley Law Society Library services COMPLETING THE PICTURE. Wifi is Book loans • Online catalogue plus app • Enquiry service available in the Precedent service • Document delivery • Judgments alerter library. Ask at the desk for log-in CALL: 1800 50 90 34 details. EMAIL: [email protected] VISIT: westlaw.ie Further details on any of these services are available by contacting the library on tel: 01 672 4843/4, email: library@ lawsociety.ie. 50 briefing law society gazette www.gazette.ie Jan/Feb 2014 council report Council meeting 13 December 2013

Motion: Solicitors’ Accounts naïve belief that this task would be Extraordinary members Fourth Anti-Money-Laundering (Amendment) Regulations 2013 more easily performed by the new The Council approved the ap- Directive Proposed: Martin Lawlor Legal Services Regulatory Author- pointment of Richard Palmer, The chairman of the Business Seconded: Christopher Callan ity. The Council acknowledged Michael Robinson, Arleen Law Committee, Paul Keane, The Council approved amending that, while the profession was Elliott, Imelda McMillan and briefed the Council on a submis- the Solicitors’ Accounts Regulations understandably ashamed and em- Brian Speers as extraordinary sion expressing concerns about to provide for the handling of cli- barrassed by Mr Byrne, it was im- members of the Council, rep- the beneficial ownership require- ents’ moneys by solicitor personal portant to remember that the vast resenting the Law Society of ments contained in the Fourth insolvency practitioners. majority of the profession were Northern Ireland. Anti-Money-Laundering Directive. honourable, decent people who A further submission express- Thomas Byrne did the best job for their clients. Professional indemnity ing concerns about the treatment The Council noted, with approval, insurance of solicitor client accounts in the the recent imprisonment of Thom- Submission on family law The chairman of the PII Com- same directive had also been made. as Byrne. The Council noted the Following a presentation by the mittee, Stuart Gilhooly, reported Both submissions had been sent to extensive media coverage that had Society’s deputy director of edu- on the most recent renewal pro- Gay Mitchell MEP and to the De- followed in its wake, which had cation, Dr Geoffrey Shannon, cess. It was noted that most so- partments of Justice and Finance. ranged from reasonable commen- the Council approved a compre- licitors appeared to have received The Society would continue to tary to inaccurate reportage. The hensive draft submission on the cheaper premiums, although make representations in relation to distinction between the Law Soci- future of family law, which placed there had been a small number of both matters, both at national level ety and the Solicitors Disciplinary greater emphasis on a less adver- complaints from sole practition- and at EU level, both directly and Tribunal had been missed by many sarial approach, on judicial lead- ers about very high premiums. through the CCBE. and, on more than one occasion, ership and culture, and on case Some concerns were expressed there had been a considerable dis- management. about the increasing market Gazette awards connect between the headlines on share of unrated insurers. It was On behalf of the Council, the articles and the content of those ar- Practising certificate regulations agreed to have a full discussion president congratulated the Ga- ticles. There was little recognition The Council approved the prac- on all aspects of PII at the Feb- zette team and the Gazette Edito- of the fact that detecting fraud by tising certificate regulations and ruary Council meeting, when the rial Board on securing awards for an individual who was so cunning fees for 2014, with the level of renewal process had concluded ‘Best Magazine’ and ‘Best Cover’ and clever was virtually impos- fees being maintained at those and more information would be at the annual Irish sible, and there appeared to be a pertaining for 2013. available. Magazine Awards. law society gazette www.gazette.ie Jan/Feb 2014 briefing 51 practice notes

technology committee litigation committee Interaction with government online The Technology Committee continues to monitor and re- the data is delivered to the Government online services. Increase view the interaction of the profession with the wide range Where payment is to be made to a Government online of Government online services. The committee is aware of service in electronic form, practitioners should ensure that in limit for difficulties that practitioners may have with the range of ac- the client is in funds to meet the amount being paid, and solatium cess or login protocols and payment procedures operated that any accounting or payment procedures conform to the by different Government online services. The committee Solicitors’ Accounts Regulations. Personal data that is ob- The maximum amount of dam- continues to pursue a more consistent approach from the tained from a client for submission to a Government online ages for mental distress that can various relevant agencies that would assist practitioners service should only be retained in conformity with data- be awarded to the dependants in their use of these services, and which would also be protection requirements or with the express consent of the of a deceased person in wrong- consistent with best practice at international level. A more client. Practitioners are advised to retain either electronic ful death cases under part IV of consistent approach would also reflect the principles set or printed copies of all relevant information submitted on the Civil Liability Act 1961 (as out in the Strategy for E-Government 2012-2015. behalf of a client to a Government online service. amended) has been increased The range of Government online services includes Reve- Access details (including user IDs and logins) for the from €25,394.76 to €35,000 nue Commissioners (e-stamping, local property tax, and so range of Government online services should be adequately with effect from 11 January on), Property Registration Authority (Land Direct, e-filing), secured and protected against misuse. Practitioners should 2014 (SI 6/2014). This new and the Companies Registration Office (e-filing). ensure that appropriate steps are taken to secure and pro- limit for solatium reflects the The multiplicity of access and payment systems across tect access details where employees have left the firm or increase in the CPI since the Government departments and agencies results in an inef- practice. Consideration should be given to amending or limit was last modified in 1996. ficient interaction between users and the agencies involved changing passwords for access to Government online ser- and imposes unnecessary administrative burdens on users vices on a regular basis. – in many cases, solicitors. The committee will continue to engage with Government litigation committee The Technology Committee is issuing this guidance note online services to encourage a more consistent approach to assist practitioners with security and authorisation is- to access and verification procedures that would observe sues related to the use of Government online services. European and international standards, simplify procedures Moneys Many Government online services will require the deliv- and assist practitioners in their work. The committee is also ery and verification of personal information on behalf of a supportive of any particular arrangements to acknowledge lodged in client. In all such instances, a practitioner should ensure the status and responsibilities of solicitors as they increas- that a full authorisation has been obtained from the client ingly interact with Government online services on behalf court on and that the relevant details have been confirmed before of clients. behalf of a conveyancing committee minor taxation committee plaintiff VAT on property: amendments to Pre-Contract The Litigation Committee’s attention has been drawn to an instance of an VAT Enquiries and Special Condition 3 award of €74,500 being lodged in Last year, practitioners were in- 2010 to ensure that the provi- Surrender of an interest in an court on behalf of a minor plaintiff in vited to make submissions re- sions for the exercise of the joint occupational lease (legacy or August 2012 that, when paid out of garding amendments or refine- option to tax includes liquidators/ otherwise), the Vendor…”, court in June 2013, was reduced to ments to Law Society’s Pre- receivers/MIP type sales, Footnote “11 Required only if €72,825.44. The reduction resulted Contract VAT Enquiries (PCVE) 2) Clause 3.7 is amended to include Special Condition 3.7 or 3.10 are primarily from stamp duty totalling and Special Condition 3 of its the words ‘of the Subject Prop- used…” €1,683.60 levied on the investment standard contract for sale in erty’ after ‘Sale’ for clarity pur- and the payment out, as well as exit relation to VAT on property in poses, PCVE tax on the realised gain. order to improve their efficiency 3) Clause 3.9, 3.10 and footnote 11 1) “and enquiries 2.2 and 2.3” are In instances where an award is and fitness for purpose. The Law have been amended for greater deleted from Clause 1.2 for clar- made in favour of a minor plaintiff Society Taxation and Conveyanc- clarity regarding legacy leases. ity purposes. who will shortly attain majority, the ing Committees have decided to They now read as follows: Litigation Committee recommends make the following amendments. “3.9. On the Assignment or The updated PCVE and Special that, in appropriate cases, consid- Surrender of an interest in an Condition 3 are now available on eration be given to applying to the Special Condition 3 occupational lease (which is both the Conveyancing and Taxa- court to have the moneys paid to a 1) Clause 3.2.2, 3.3.1, 3.5 and 3.6.2 not a legacy lease) for a pre- tion Committees’ web pages in the responsible adult to hold as trustee, includes a reference to section mium…”, members’ area of the Society’s web- rather than having moneys lodged in 94(7) of the VAT Consolidation Act “3.10. On the Assignment or site (www.lawsociety.ie). court. 52 briefing law society gazette www.gazette.ie Jan/Feb 2014 practice notes

conveyancing committee litigation committee Conveyancing requirements Jurisdiction of the civil courts regarding cohabitants: deeds changed on 3 February

of confirmation The changes to the monetary juris- Rules (Rules of the Superior Courts The committee has been asked them to ‘waive’ their interest: the dictions of the civil courts provided (Courts and Civil Law (Miscella- what the correct position is as re- appropriate deed is a deed of con- for in section 2(1) and part 3 of the neous Provisions) Act 2013) 2014 gards cohabitants executing deeds firmation, as above. Courts and Civil Law (Miscellaneous (SI 16 of 2014)) and fees orders for of waiver or deeds of confirmation The question arises as to how Provisions) Act 2013 took effect on all courts. in cases where they are not on a solicitor can be certain that an 3 February 2014. The District Court (Civil Proce- title. equitable interest has not accrued From that date, the new limits of dure) Rules 2014 (SI 17 of 2014) A cohabitant who has no equity in any particular situation and the civil jurisdictions will be: make significant changes to District in a property should make a family that, therefore, a deed of confir- • District Court – €15,000, Court civil procedure, including the law declaration to this effect for a mation is not necessary. The view • Circuit Court in civil proceedings manner of commencement of such conveyancing transaction, includ- of the committee is that, if a co- other than personal injury actions proceedings and the application of ing a mortgage transaction. habitant cannot make a declara- – €75,000, a new scale of costs. From 3 Feb- However, where a cohabitant tion that he/she has no equitable • Circuit Court for personal injury ruary 2014, a District Court civil who is not on title (whether a qual- interest, he/she should sign a deed actions as defined in section 2 of proceeding must be commenced by ified cohabitant or not) has equity of confirmation. Where a deed of the Civil Liability and Courts Act the filing for issue and service of in a property, or if there is a doubt confirmation is to be signed by a 2004 – €60,000. a ‘claim notice’ or PI summons (as as to whether or not the cohabit- cohabitant, he/she should be ad- appropriate), and this will remain ant has such equity, the family law vised to obtain independent legal The commencement date of 3 Febru- valid for service for one year after declaration should reflect this fact, advice. ary 2014 has been established by the the day it is filed. and the cohabitant should execute Even in a case where it is es- Courts and Civil Law (Miscellaneous The following new fees orders a deed of confirmation in favour of tablished that a cohabitant has Provisions) Act 2013 (Jurisdiction also operate from 3 February: either the purchaser or the mort- no equitable interest, a family law of District and Circuit Court) (Com- • District Court (Fees) Order 2014 gagee as appropriate. declaration is required in any case mencement) Order 2013 (SI 566 of (SI 22 of 2014) It should be noted that, in cir- in order to exclude the possibil- 2013). • Circuit Court (Fees) Order 2014 cumstances where it is established ity of proceedings under the Civil These jurisdictional changes (SI 23 0f 2014) that a cohabitant has equity in Partnership and Certain Rights and are accompanied by new court • Supreme Court and High Court a property, it is not possible for Obligations of Cohabitants Act 2010. rules, including the Superior Court (Fees) Order 2014 (SI 24 of 2014).

conveyancing committee Consent required for registration of leases as a burden on charged lands Prior to the coming into force of the Land and writing of a mortgagee, where the requirement for Section 112(2) provides that: “A lease made Conveyancing Law Reform Act 2009 on 1 Decem- such consent is expressly stipulated in the mort- without such consent is voidable by a mortgagee ber 2009, which applies to mortgages created af- gage deed, is void as against the mortgagee and who establishes that (a) the lessee had actual ter that date, the law on the power of a mortgagor the mortgagee is not bound by it. knowledge of the mortgage at the time of the to grant a lease of mortgaged lands was governed Section 112 of the 2009 act changed the law granting of the lease, and (b) the granting had by section 18 of the Conveyancing Act 1881. in respect of mortgages created after 1 Decem- prejudiced the mortgagee.” Section 18 of the 1881 act provided a statutory ber 2009 and provides in section 112(1) that: Practitioners should note that, in the case of power for a mortgagor of land while in possession “A mortgagor of land, while in possession, may, registered land, the Land Registry is now seeking, of same to grant a lease of the mortgaged land. as against every other incumbrancer, lease the since the end of September 2013, the consent of This power was subject to same not having been land with the consent in writing of the mortgagee, the owner of the registered charge to the creation excluded by the terms of the mortgage. A lease which consent shall not be unreasonably with- of the lease or, in the alternative, a deed of post- created by a mortgagor without the consent in held.” ponement or partial discharge.

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law society gazette www.gazette.ie Jan/Feb 2014 briefing 53 practice notes

conveyancing committee Producing evidence of an instrument or burden on a folio The committee wishes to clarify The committee also wishes should furnish: Because of the onerous nature of that, in registered title cases, where to clarify that, in cases where a • A certified copy of the relevant such a certificate, it is recommend- it is appropriate to produce Land purchaser’s solicitor (rather than deed of transfer, and ed that a vendor’s solicitor would Registry instruments as evidence of get the official copy Land Reg- • His/her certificate confirming only give it where the matters the content of burdens registered istry instrument) is satisfied to that all the covenants and condi- certified are within his/her own on folios, a vendor should produce accept a copy of the transfer tions affecting the property are personal knowledge of the title. If official Land Registry copies of on foot of which the burden was comprised in the said deed of in any doubt, the Land Registry in- such instruments. registered, the vendor’s solicitor transfer. strument should be furnished.

conveyancing committee Certificates of waiver/exemption/discharge or declaration that legislation does not apply: NPPR, household charge, LPT It appears to the committee that there is significant property’ as set out in the different pieces of a vendor as to entitlement to a waiver or exemption confusion among practitioners about the circum- legislation (either because it is uninhabitable, is is not sufficient, and a receipt for payment by itself stances in which certificates of waiver/exemption/ part of trading stock, and so on), in which case is not sufficient in these cases. discharge from the NPPR charge or the household the relevant act does not apply and the property To deal with the situations described in para- charge must be obtained, and when it is appropri- is not subject to the charge. This second situa- graph 2 above, the committee’s first practice note ate to obtain a declaration from a vendor (or a pur- tion is not an exemption situation and a certifi- on NPPR published in the September 2009 Gazette chaser in some cases) as to the non-applicability of cate of exemption is not necessary and will not (p44) recommended that a statutory declaration the relevant piece of legislation. It appears to the be issued. should be obtained if it is claimed that the charge committee that exemptions (from a charge or tax does not apply. Although not repeated in subse- that would otherwise be due) are being confused The committee wishes to clarify that its practice quent practice notes, the committee understands with situations where the relevant act does not ap- note published in the June 2013 issue of the Gazette that this has also become common practice in re- ply at all. (p50) relates to cases that come within the ambit lation to cases where it is claimed that the house- It is necessary to distinguish between: of the relevant legislation and where the legislation hold charge and the local property tax do not ap- 1) Situations where the relevant legislation makes provides for a waiver or exemption in certain cir- ply, and the committee recommends this extension statutory provision for a specific exemption or cumstances or where the charge or tax is paid and of this practice. waiver and provides for the issue of a certificate there is statutory provision for issuing a receipt, that The committee has set out in a table the circum- in relation to same or where it provides for issue is, cases described in paragraph 1 above. The com- stances in which the various certificates or dec- of a certificate of discharge following payment of mittee confirms that certificates of waiver/exemp- larations are appropriate. This can be accessed the relevant charge or tax, and tion/discharge should be obtained in those cases, as in the members’ area of the Society’s website by 2) Situations where a property does not come with- there is specific statutory provision for them and, if clicking on ‘Committees’, ‘Conveyancing Commit- in the ambit of the relevant legislation because, they are not obtained, a purchaser cannot be certain tee’, ‘Resources’ (in the box titled ‘Additional infor- for example, it does not meet the definition of that a property is not subject to a charge for any un- mation’) and scrolling down the Resources ‘residential property’ or ‘relevant residential paid NPPR or household charge. A declaration from page to click on ‘Conveyancing guidelines’. 54 briefing law society gazette www.gazette.ie Jan/Feb 2014 legislation update 12 November 2013 – 9 January 2014

Details of all bills, acts and statutory instruments since 1997 Provides an enabling provi- ies of Bord Gais Éireann. Pro- are on the library catalogue – www.lawsociety.ie (members’ and sion for the minister to make vides for the continued public regulations for the application ownership of natural gas net- students’ areas) – with updated information on the current stage a of investigation and penalty works. Provides for the further bill has reached and the commencement date(s) of each act. All systems to certain third coun- implementation of Directive recent bills and acts (full text in PDF) are on www.oireachtas.ie. try auditors and audit entities 2009/73/EC by providing for The links below are to the web page for the various stages of the that carry out the audit of com- the disposal of Bord Gais Éire- bill; the PDF for the final version of the act appears at the end of panies incorporated in specific ann’s energy business and for each web page. Recent statutory instruments are available in PDF third countries and territories the reorganisation of the own- whose transferable securities ership of Bord Gais Éireann. at http://www.attorneygeneral.ie/esi/esi_index.html are admitted to trading on a Amends the Gas Act 1976, the regulated market in the State. Gas (Amendment) Act 1987, the ACTS PASSED cy; provides for the transfer of Commencement: Commence- Gas (Amendment) Act 2000, the Adoption (Amendment) Act certain functions of the Health ment order(s) to be made as per Gas (Interim) (Regulation) Act 2013 Service Executive to the Child s8(3-6) of the act 2002 and the Water Services Act Number: 44/2013 Family Agency; and provides for 2013, and provides for related Extends the period of declara- related matters. Credit Reporting Act 2013 matters. tions of eligibility and suitability Commencement: 1/1/2014, as Number: 45/2013 Commencement: Commence- that apply to the Russian Feder- per SI 502/2013 Makes provision for the es- ment order(s) to be made for all ation for one year to 31/10/2014 tablishment, maintenance and sections, other than s47, as per for those prospective adoptive Companies (Miscellaneous operation of a Central Credit s1(2) of the act parents who held such declara- Provisions) Act 2013 Register for the holding of in- tions on 31/10/2013. Number: 46/2013 formation about credit applica- Health (Alteration of Criteria Commencement: 20/12/2013 Amends section 2 of the Com- tions and credit agreements and for Eligibility) (No 2) Act 2013 panies (Amendment) Act 1990. parties to them. Makes provi- Number: 42/2013 Appropriation Act 2013 It provides for small private sion about the information to be Amends the Health Act 1970 (as Number: 43/2013 companies to be allowed to provided for entry on the reg- amended) to change the eligibil- To appropriate to the proper apply directly to the Circuit ister, for access to the informa- ity rules for medical cards for supply services and purposes Court to have an examiner ap- tion held on the register for the persons aged 70 years and over. sums granted by the Central pointed, instead of to the High assessment of creditworthiness Commencement: 18/12/2013 Fund (Permanent Provisions) Act Court. Amends ss7, 17 and 18 and other purposes. Imposes 1965, to make provision in rela- of the Companies (Amendment) duties on parties to credit agree- Health Insurance (Amendment) tion to deferred surrender to the Act 1986 and section 128 of the ments, and provides for related Act 2013 central fund of certain undis- Companies Act 1963 to facilitate matters. Number: 48/2013 charged appropriations by ref- e-filing with the Companies Commencement: Commence- Amends the Health Insurance Act erence to the capital supply ser- Registration Office by com- ment order(s) to be made as per 1994 to specify the amount of vices and purposes as provided panies and removes the obsta- s1(2) of the act the hospital bed utilisation cred- for by section 91 of the Finance cles currently faced by them in it and the amount of risk equali- Act 2004 and, for the purpose of doing so. Amends s18 of the Finance (No 2) Act 2013 sation credits in respect of age, maintaining a sufficient amount Company Law Enforcement Act Number: 41/2013 gender and level of cover that of moneys in the Paymaster 2001 and will further facilitate Provides for the imposition, re- is payable to insurers from the General’s supply account so as the disclosure to the Direc- peal, remission, alteration and Risk Equalisation Fund from to enable the discharge of par- tor of Corporate Enforcement regulation of taxation, stamp 1/3/2014. Makes consequential ticular liabilities, to make pro- of information relating to of- duties and duties relating to amendments to the Stamp Duty vision for repayable advances fences under the Companies excise and otherwise to make Consolidation Act 1999 to revise from the Central Fund. Acts for the purpose of the dis- further provision in connection the stamp duty levy required to Commencement: 20/12/2013 charge of the director’s func- with finance including the regu- fund the risk equalisation cred- tions. Amends s14 of the Com- lation of customs. its for 2014. In addition, makes Child and Family Agency Act panies (Auditing and Accounting) Commencement: Various com- some technical amendments to 2013 Act 2003 to provide for a levy mencement dates, see text of act the Health Insurance Acts 1994- Number: 40/2013 on statutory auditors and audit 2012. Provides for the establishment firms of Public Interest Enti- Gas Regulation Act 2013 Commencement: 25/12/2013 of the Child and Family Agen- ties (PIEs) in order to defray Number: 39/2013 cy; provides for the dissolution the costs to the Irish Auditing Provides for the reorganisation Public Service Management of the Family Support Agency and Accounting Supervisory of Bord Gais Éireann’s trans- (Recruitment and Appointments) and the National Educational Authority (IAASA) for carrying mission and distribution opera- (Amendment) Act 2013 Welfare Board and the transfer out the functions of external tions and energy business, and Number: 47/2013 of the functions of those bodies quality assurance in respect of for that purpose provides for Enables the redeployment of to the Child and Family Agen- these public interest entities. the establishment of subsidiar- members of staff in the public law society gazette www.gazette.ie Jan/Feb 2014 briefing 55 legislation update service to other positions in the abilities of such schemes where entitled to be recognised in the of cancellation. The regulations public service. Broadens the def- employers are insolvent on or State as a civil partnership. The contain provisions regulating the inition of public service body to before the date of the wind up order is made on the basis of the fees charged by traders in respect encompass all public service em- of such schemes. Provides for Minister for Justice and Equal- of the use of a given means of ployers except commercial State the payment, in certain circum- ity being satisfied that the class payment and the cost of calls by bodies and their subsidiaries and stances, by the Minister for Fi- of foreign relationship complies consumers to customer helplines, includes a schedule to the Public nance of moneys to secure the with subsection (1) of section 5 of as well as provisions governing Service Management (Recruitment discharge of certain liabilities the Civil Partnership and Certain payments by consumers addition- and Appointments) Act 2004 list- in respect of certain occupa- Rights and Obligations of Cohabi- al to the remuneration agreed for ing the commercial State bod- tional pension schemes that are tants Act 2010. the trader’s main obligation un- ies that are excluded from the being wound up where certain Commencement date: 10/12/ der the contract. The regulations definition. Provides for related employers are insolvent on or 2013 amend the provisions of the Sale matters. before the date of the wind up of Goods Act 1893 on the passing Commencement: Commence- of such schemes. Amends s50 of European Union (Consumer of risk, and certain of the act’s ment order(s) to be made as per the Pensions Act 1990 to make Information, Cancellation and rules on delivery, in contracts s9(2) of the act additional provision for the re- other Rights) Regulations 2013 of sale where the buyer deals as structuring of certain occupa- Number: SI 484/2013 consumer. The regulations also Pyrite Resolution Act 2013 tional pension schemes and for Give effect to Directive 2011/83/ amend the provisions of the Sale Number: 51/2013 that purpose provides for the EU of the European Parliament of Goods and Supply of Services Act Provides for the making of a reduction in the benefits being and of the Council on consumer 1980 on the supply of unsolicited scheme for certain dwellings paid to certain persons under rights. Subject to a number of goods or services to a consumer. affected by pyrite. Provides for such schemes. Provides for re- specified exclusions, the regu- Commencement date: 13/6/ the establishment of the Pyrite lated matters. lations apply to contracts con- 2014 Resolution Board to manage the Commencement: 25/12/2013 cluded between a trader and a implementation of such scheme, consumer. Some of the provisions Housing (Sale of Houses) and provides for connected mat- Water Services (No 2) Act 2013 of the regulations apply only (Amendment) Regulations 2013 ters. Number: 50/2013 to on-premises contracts, some Number: SI 507/2013 Commencement: Commence- Makes provision for, and in only to off-premises contracts, Amend the Housing (Sale of ment order(s) to be made as per relation to, the imposition of some only to distance contracts, Houses) Regulations 2012 (SI 420 s1(2) of the act charges by Irish Water in re- and some only to sales contracts. of 2012) by substituting 30 June spect of the provision by Irish Definitions of these different 2014 for 31 December 2013 as Social Welfare and Pensions Act Water of water services. Pro- types of contract are included in the end date for purchase schemes 2013 vides for the transfer, in part, the regulations. The regulations adopted by housing authorities Number: 38/2013 of the functions of water ser- specify the substance and form of under the 1995 tenant purchase Amends and extends the Social vice authorities under the Wa- the information that traders must scheme for local authority houses. Welfare Acts and the Pensions Act ter Services Act 2007 to Irish provide to consumers before the This amendment has the effect of 1990. Gives legislative effect to a Water. Repeals the Local Gov- consumer is bound by a contract. giving housing authorities a fur- range of social welfare measures ernment (Delimitation of Water In the case of distance and off- ther six months in which to final- announced in the budget state- Supply Disconnection Powers) Act premises contracts, the trader ise sales to tenants under the 1995 ment of 15 October 2013 that 1995, certain provisions of the must also provide the consumer scheme, which closed for applica- are due to come into effect in Water Services Act 2013 and, for with a copy or confirmation of tions on 31 December 2012. early 2014. certain purposes, certain provi- the contract within a reasonable Commencement date: Commencement: Commence- sions of the Water Services Act time of the conclusion of the 19/12/ 2013 ment order(s) to be made for 2007. Amends the Water Ser- contract. Subject to a number of ss13 and 14 as per s1(4) of the vices Act 2007 and certain other specified exclusions, the regula- Prepared by the Law Society Library act enactments, and provides for tions give consumers the right to related matters. cancel off-premises and distance Social Welfare and Pensions Commencement: Commence- contracts within 14 days of the (No 2) Act 2013 ment order(s) to be made as per delivery of the goods in the case gazette app Number: 49/2013 s1(3) of the act of sales contracts and 14 days of Amends the Social Welfare Con- the conclusion of the contract solidation Act 2005 to provide for selected statutory in the case of service contracts. two technical changes. Amends instruments The duration of this cancellation s48 of the Pensions Act 1990 to Civil Partnership (Recognition period is extended by up to 12 make additional provision for of Registered Foreign months where the trader fails to g the discharge of the liabilities in Relationships) Order 2013 inform the consumer of the right the winding up of certain occu- Number: SI 490/2013 to cancel the contract. Other pro- pational pension schemes and to Declares certain classes of regis- visions set out the rights and obli- coming soon provide for the discharge of li- tered foreign relationship to be gations of the parties in the event 56 briefing law society gazette www.gazette.ie Jan/Feb 2014 one to watch

Inquiries Act 2013 The Houses of the Oireachtas (Inquiries, Privi- aspects of the inquiry.” where facts are not contradicted or an indi- lege and Procedures) Act 2013 provides a statu- There are a number of key actions that are vidual engages in relevant misbehaviour, such tory framework to assist the houses in conduct- necessary before an inquiry can commence: as refusing to give evidence to the inquiry. ing inquiries into matters of public importance. • A committee proposing to conduct an inquiry • The inquiry may compel witnesses to give In the run-up to the commencement of the must prepare a proposal for the designated evidence at a time and place specified in the act, Minister for Public Expenditure and Reform person, direction and any document in his or her pos- Brendan Howlin commented: “It is crucial that • The Committee on Procedures and Privileges session or control specified in the direction. the terms of reference for an inquiry be narrow (CPP) must then examine the proposal and • The inquiry may direct the provision of docu- and specific to ensure that a focused inquiry can prepare a report for the house and make rec- ments on oath by way of discovery of any doc- be effectively conducted within the timeframe ommendations to the house, uments that are or have been in that person’s available.” • The report of the CPP must include (a) wheth- possession or control relating to any matter Any inquiry must be completed within the life- er the inquiry should be held and (b) if so, by relevant to the proceedings of the committee. time of the current Dáil and Seanad sessions. It which committee and in what manner, • The inquiry may direct the provision of wide- is indicated that any inquiry should be modular • The house must then pass a resolution to es- ranging documentation, and there are exten- in nature due to the scale and complexity of the tablish an inquiry and confirm the terms of sive provisions regarding the preservation issues to be examined. reference. of ‘relevant material’ once the establishment The minister stated: “Autonomy rests with the of an inquiry can be reasonably inferred by Oireachtas to determine the requirement for a The act stipulates the different elements of a a person. ‘Relevant material’ is defined as “a formal inquiry, the terms of reference of that in- parliamentary inquiry: document, or other information in any form, quiry, the appropriate committee to conduct the • The inquiry may record, report and make rec- relating to any matter within the inquiry and the procedural and organisational ommendations. It may make findings of fact terms of reference for the inquiry”.

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Solicitors Disciplinary Tribunal notices: the high court Reports of the outcomes of Solicitors Disciplinary Tribunal In the matter of Peter Kenny, a In the matter of John Kilraine and inquiries are published by the Law Society of Ireland as provided solicitor practising as Kenny in the matter of the Solicitors Acts for in section 23 (as amended by section 17 of the Solicitors Associates, College Street, Car- 1954-2011 [2013 no 103SA] (Amendment) Act 2002) of the Solicitors (Amendment) Act 1994 low, Co Carlow, and in the matter Take notice that, by order of the High of the Solicitors Acts 1954-2011 Court made on Monday 13 January In the matter of Mark Cronin, h) Engaged in a practice of teeming [2013 no 94 SA] 2014, it was ordered that the name solicitor, formerly practising as and lading to hide the misappro- Take notice that, by order of the of John Kilraine, solicitor, be struck Cronin Kenneally & Company priated client moneys, High Court made in camera on off the Roll of Solicitors. € and as Cronin Mungovan, The i) Caused claims of 250,000 to 25 October 2013, it was ordered 23 January 2014 Square, Macroom, Co Cork, be paid from the compensation that the respondent solicitor shall and in the matter of the Solicitors fund to date in respect of his be suspended from practising as a In the matter of Ruairi O’Ceallaigh Acts 1954-2011 [10550/DT127/ practice. solicitor until further order of the and in the matter of the Solicitors 12 and 2013 no 85 SA] court. Publication of this matter Acts 1954-2011 [2013 no 115SA] Law Society of Ireland (applicant) The tribunal ordered that the Soci- was permitted by order of the High Take notice that, by order of the High Mark Cronin (respondent solicitor) ety bring their findings to the High Court on 16 December 2013. Court made on Monday 13 January On 6 June 2013, the Solicitors Court and, on 14 October 2013, 16 December 2013 2014, it was ordered that the name Disciplinary Tribunal found the the High Court ordered that: of Ruairi O’Ceallaigh, solicitor, be respondent solicitor guilty of mis- a) The respondent solicitor’s name In the matter of Angela Farrell, struck off the Roll of Solicitors. conduct in his practice as a solicitor should be struck from the Roll of a solicitor practising as Farrell 23 January 2014 in that he: Solicitors, Solicitors, 28 North Great Georges a) Allowed a deficit in client mon- b) The respondent solicitor make St, Dublin 1, and in the matter of In the matter of Michele O’Keeffe and € eys of 249,364 as of 24 January restitution to the Society’s com- the Solicitors Acts 1954-2011 in the matter of the Solicitors Acts 2012, pensation fund in respect of all [2013 no 113 SA] 1954-2011 [2013 no 109SA] € b) Misappropriated 48,500, be- funds paid for claims in respect Take notice that, by orders of the Take notice that, by order of the High ing the balance of a deposit in a of his former practice, President of the High Court made Court made on Monday 13 January € conveyancing transaction, set out c) The Society recover 2,500 on 16 December 2013 and 20 2014, it was ordered that the name in paragraph 4.2 of the Society’s from the respondent solicitor as December 2013, it was ordered of Michele O’Keeffe, solicitor, be report of 26 January 2012, a contribution towards the So- that the respondent solicitor shall struck off the Roll of Solicitors. c) Altered a photocopy of a bank ciety’s costs of the proceedings be suspended from practising as a 21 January 2014 draft in the above conveyancing before the disciplinary tribunal, solicitor until further order of the € transaction by 100,000, as set d) The respondent solicitor pay to court. John Elliot, out in paragraph 4.2 of the above the Society the cost of the pro- 20 December 2013 Registrar of Solicitors, report of 26 January 2012, ceedings in the High Court, to d) Misappropriated €170,000 re- be taxed in default of agreement. ceived in respect of the purchase be obtained against the client, i) Advised the client that the mat- proceeds of a holiday home for In the matter of Simon W Ken- d) Allowed the defence of the cli- ter before the High Court was a a client in 2011, as set out in the nedy, a solicitor of Simon W ent to be struck out in default procedural matter, Society’s report of 14 February Kennedy & Co, 4 Charles St, of compliance with an order for j) Failed to advise the client as to 2012, New Ross, Co Wexford, and in discovery, the implications of the refusal of e) Misappropriated €30,864 of cli- the matter of the Solicitors Acts e) Failed to bring an application to the application for an adjourn- ent funds in a probate matter, as 1954-2008 [2980/DT52/11] reinstate the defence of the client ment, set out in paragraph 4.3 of the Named client (applicant) or failed to file an appeal against k) Allowed a substantial number of above report of 26 January 2012, Simon W Kennedy (respondent the striking out of the defence, orders and orders for costs to be f) Misappropriated €32,275 of solicitor) f) Allowed the plaintiff’s claim to be obtained against the client as a funds of €38,249 received from a On 5 December 2012, the Solici- brought on for hearing against result of the failures of the solici- client at a time when there were tors Disciplinary Tribunal found the client without the defence tor set out above. no funds in the client account on the respondent solicitor guilty of being reinstated, 27 May 2011, as set out in para- misconduct in his practice as a so- g) Allowed an order for costs to be The tribunal ordered that the re- graph 6 of the Society’s memo- licitor in that he: made against the client when the spondent solicitor: randum of 14 February 2012, a) Failed to act in the best interests Circuit Court judge allowed the a) Do stand censured, g) Altered a photocopy of a bank of his client, case to be adjourned to allow an b) Pay a sum of €3,000 to the com- draft by changing it from b) Allowed two motions to be is- application to be made to rein- pensation fund, €223,500 to €323,500 in Sep- sued in default of discovery being state the defence, c) Pay a contribution of €3,000 to- tember 2010, as set out in the made at a time when the solicitor h) Failed to advise the client of the wards the whole of the applicant’s Society’s investigation memoran- was in possession of the docu- orders having been made against costs. dum of 29 March 2012, in order ments being sought in discovery, him and the implications of same www.calcuttarun.com to conceal misappropriation of c) Allowed orders for discovery to for the Circuit Court proceed- (The solicitor was adjudicated client funds, be made and orders for costs to ings issued against him, a bankrupt on 18 June 2012.) 58 briefing law society gazette www.gazette.ie Jan/Feb 2014 eurlegal Edited by TP Kennedy, Director of Education copyright, technology, and proportionality n 19 September 2013, Ad- for modification chips) are small disputed that the blocking effect Super Mario Kart vocate General Sharpston electronic devices used to alter of Nintendo’s measures prevented Mercifully, the advocate general Odelivered her opinion or disable artificial restrictions of games other than Nintendo and interpreted and simplified the in Case C-355/12, Nintendo v PC computers or entertainment de- Nintendo-licensed games from questions referred to Luxem- Box Srl, a case referred by the Tri- vices. They are frequently used to being played on Nintendo con- bourg by the Milanese Court, bunale di Milano (Milan District circumvent digital rights manage- soles, and that PC Box’s devices as, in the advocate general’s own Court) to the Court of Justice of ment systems in copyright works. were capable of circumventing words, the questions were not the European Union for a prelimi- Both mod chips and game copi- those measures. posed “quite as clearly as might nary ruling. ers enable video games other than Nintendo claimed to have have been desired”. Broadly speaking, the case those manufactured by Nintendo equipped its consoles and games The first question comprised concerned copyright and related or by independent producers un- with technological measures law- two parts. Firstly, do ‘technologi- rights in the information society. der licence from Nin- fully in order to cal measures’ within the meaning More specifically, it concerned tendo to be played on ensure that un- of article 6 of Directive 2001/29/ the interpretation of article 6 of Nintendo consoles. The authorised copies EC include not only those that Directive 2001/29/EC and the The referring court principle of of Nintendo and are physically linked to the copy- notion of effective technological provided a certain Nintendo-licensed right material itself (in this case, measures contained in that provi- amount of technical proportionality games could not be by incorporation in the cartridges sion. The aim of the directive is to detail (as did Ninten- is of prime used with its con- or DVDs on which the games harmonise the level of legal pro- do) as to how PC Box’s ‘importance when soles. It also assert- are recorded), but also those that tection extended to copyright and devices enable games ed that the princi- are physically linked to devices related rights, with particular em- other than Nintendo determining pal purpose or use required in order to use or en- phasis on the information society. and Nintendo-licensed whether of PC Box’s devices joy that material (in this case, by Under article 6(3) of the direc- games to be played on was to circumvent incorporation in the consoles on tive, technological measures are Nintendo consoles. technological its technological which the games are played)? described as any technology, de- The main proceed- measures qualify measures. Secondly, do such measures vice or component designed to ings concern two types PC Box submit- qualify for protection under ar- prevent/restrict acts that have not of console manufac- for protection ted that it markets ticle 6 where (or even if) their been authorised by the copyright tured by Nintendo under article 6 original Nintendo effect is not merely to restrict holder. In short, technological – DS consoles and consoles with a unauthorised reproduction of the measures are put in place to pro- Wii consoles – as well of the directive software pack copyright material, but also to tect copyright work. Article 6(1) as the Nintendo and comprising ap- preclude any use of that material obliges the EU’s member states to Nintendo-licensed games that are plications specifically created by with other devices or of other ma- provide adequate legal protection designed for them. Games for DS independent producers for use terial with those devices (this is, in against acts/activities that circum- consoles are recorded on cartridg- on such’ consoles in conjunction effect, the interoperability issue)? vent effective technological mea- es that are slotted into the console, with mod chips or game copiers The second question concerns sures. while games for Wii consoles are designed to disable the blocking the criteria to be applied when Technological measures are recorded on DVDs that are in- mechanism built into the con- assessing the purpose or use of generally deemed effective where serted into the console. Both the sole. PC Box also asserted that devices such as those of PC Box the use of protected material is cartridges and DVDs contain en- Nintendo’s true purpose was to (which can in fact circumvent controlled by copyright holders crypted information that must be prevent the use of independent technological measures) and the through an access control or pro- exchanged with other encrypted software unconnected with the determination as to whether they tection process such as encryp- information contained in the con- illegal video game copies sector, fall within article 6(2) of the di- tion, scrambling or a copy control soles in order for the games to be and to compartmentalise markets rective. mechanism. played on those consoles. by rendering games purchased in Advocate General Sharpston In the domestic proceedings, it one geographical zone incom- inferred that the Italian court Donkey Kong Country was not disputed that PC Box’s de- patible with consoles purchased wished to establish, firstly, wheth- The national proceedings were vices could be used to circumvent in another. er Nintendo’s technological mea- brought by three companies in the the blocking effect of the required It therefore challenged Nin- sures qualified for protection Nintendo group, which produce exchange of encrypted informa- tendo’s application of technologi- because they are designed to pre- video games and consoles, against tion between, on the one hand, cal measures not only to its video vent/restrict acts that are not au- PC Box Srl, a company that mar- Nintendo and Nintendo-licensed games but also to hardware, which thorised by the right holder, even kets mod chips and game copiers games and, on the other hand, it considers to breach article 6(3) if they also restrict interoperabil- via its website. Mod chips (short Nintendo consoles. Nor was it of Directive 2001/29/EC. ity. Secondly, if the technological law society gazette www.gazette.ie Jan/Feb 2014 briefing 59 eurlegal pic : thinkstock

measures do qualify for protec- are, in part, incorporated in de- such a test could not be reduced • Whether Nintendo’s techno- tion, whether that protection must vices other than those that house to a mere assertion that interfer- logical measures meet the test be provided against the supply of the copyright material itself (that ence with legitimate activity be of proportionality. PC Box’s devices because they al- is, the consoles) would be likely to deemed immaterial provided it is low or facilitate the performance deny to a broad range of techno- only incidental (Nintendo’s argu- If it can be established that they of such unauthorised acts. In the logical measures the protection ment) or that any restriction of are used primarily for such non- advocate general’s mind, the two that the directive seeks to ensure. interoperability be deemed neces- infringing purposes (and that task issues could not be entirely sepa- In the context of the second part sarily disproportionate (PC Box’s will fall to the national court to rated, and factors mentioned in of Question 1, Nintendo submit- argument). decide), then that will be a strong relation to one could be relevant ted that the fact that a technologi- As regards the second question, indication that the technological to the solution of the other. cal measure prevents or restricts the advocate general summarised measures are not proportionate. In acts that do not require authorisa- that as follows: the national court contrast, however, if it can be es- The Legend of Zelda tion is immaterial, provided that wishes to know which type of cri- tablished that PC Box’s devices are As regards the first part of Ques- such an effect is only occasional teria – quantitative and/or qualita- used primarily to infringe exclusive tion 1, the advocate general stated or incidental to the main aim and tive – should be relied on in order rights, then that will be a strong that nothing in the wording of effect of preventing/restricting to assess whether PC Box’s mod indication that the technological article 6 excluded measures such acts that do require authorisation. chips or game copiers “have only measures are proportionate. as those in issue, which are in- Unsurprisingly, PC Box relied a limited commercially significant The advocate general suggested corporated partly in the games heavily on the principles of pro- purpose or use other than to cir- that a quantitative assessment be media and partly in the consoles portionality and interoperability cumvent” the technological mea- carried out to determine the ulti- and which involve interaction as set out in recitals 48 and 54, sures put in place by Nintendo. mate purposes for which the tech- between the two. She was of the respectively, in the preamble to Referring to the quantitative nological measures are circum- view that the definition of tech- Directive 2001/29/EC. They ar- criterion, the advocate general vented by PC Box’s devices. Such nological measures in article 6(3) gued that technological measures stated that the extent to which quantitative assessment would was sufficiently broad to cover that go beyond what is necessary PC Box’s devices may be used be relevant in determining both the incorporation of technologi- to protect the copyright material for purposes that do not involve whether Nintendo’s technologi- cal measures in the cartridges or itself or that exclude interopera- infringement of exclusive rights cal measures qualify in general for DVDs on which the games are bility should not benefit from the will be a factor to be taken into legal protection and whether pro- recorded and incorporation of protection of the directive. account when deciding: tection should be given against the technological measures in the Advocate General Sharpston • Whether those devices fall marketing of PC Box’s devices. consoles on which the games are agreed that a test of proportion- within article 6(2) of Directive As regards the question of qual- played. To exclude measures that ality be applied, but stated that 2001/29/EC, and itative criteria, the advocate gen- 60 briefing law society gazette www.gazette.ie Jan/Feb 2014 eurlegal

eral noted that it had hardly been criteria should be viewed in the cess to copyright works. tection of the directive. addressed by the observations to light of the quantitative criteria The principle of proportion- Should the CJEU follow the the court. She continued her – namely, the relative extent and ality is of prime importance advocate general’s opinion, its rul- analysis by stating that it may be frequency of uses that do and when determining whether ing will be welcomed by copyright important in some cases that the those that do not infringe exclu- technological measures qualify owners operating in the computer implementation of technologi- sive rights. for protection under article 6 games sector. It will mean that the cal measures that protect exclu- of the directive. It is for the na- use of technological measures in sive rights should not interfere Street Fighter tional court to decide whether consoles and games will be per- with users’ rights to carry out In an admittedly complex opin- the application of technological missible, even if they block non- acts that require no authorisa- ion, Advocate General Sharpston measures is proportionate, and proprietary but lawful games, so tion. However, to the extent that came down on the side of copy- this assessment must be made in long as such measures are deemed the latter are not fundamental right owners. This is demonstrat- the light of the current state of proportionate. rights, then the importance of ed by her broad interpretation technology. Clearly, if the tech- protecting copyright and related of the notion of ‘technological nological measures prevent/ Mark Hyland is a solicitor who lec- rights must also be given recog- measures’ to cover such things as restrict perfectly legal acts in tures and researches in the field of nition. Summing up, the advo- measures incorporated in devices relation to the copyright mate- intellectual property law in Bangor cate general said that qualitative (consoles) designed to allow ac- rial, then they will lose the pro- University Law School, Wales.

Recent developments in European law CONSUMER LAW The booking concerned the Jaz jurisdiction over lastminute.com on linked and one of them is accepted Case C-478/12, Armin Maletic and Makadi Golf & Spa hotel in Hurgha- the basis of article 15 of the Brus- by all parties as being international Marianne Maletic v lastminute.com da. That booking was confirmed by sels I jurisdiction (the consumer in character. GmbH and TUI, 14 November 2013 lastminute.com, which passed it protection provision). However, Furthermore, the objective of the Two Austrian con- on to TUI. TUI sent a confirma- that court declined jurisdiction consumer provisions in the regula- sumers (the Ma- tion email mentioning the name over TUI, as it was an Austrian tion is to protect the consumer as letics) booked another hotel in Hurghada. It was company. It ruled that the regula- the weaker party to the contract. and paid for a only when the applicants arrived at tion did not apply to a domestic Thus, the court held that the con- package holiday the original hotel that the mistake dispute and that another Austrian sumer provisions relating to where a to Egypt on the was noticed. They paid a surcharge court had jurisdiction under Aus- consumer can sue the ‘other party to website of lastminute.com. of €1,036 to be able to stay in trian civil procedure. the contract’ in circumstances such On the website, lastminute.com, the hotel initially booked on last- Ultimately, the Court of Justice as these cover the contracting part- whose registered office is in Mu- minute.com. disagreed. It held that the dispute ner of the operator with which the nich, stated that it acted as the They brought proceedings in the was international in character. consumer concluded that contract travel agent, but that the trip would Austrian courts seeking to recover Even if this transaction could be and which has its registered office in be operated by TUI, which has its the surcharge with interest and broken down into two contractual the member state in which registered office in Vienna. costs. The Austrian court accepted relationships, the two are inter- the consumer is domiciled.

Are you getting your e-zine? The Law Society’s e-zine is the legal newsletter of the If you’re not receiving the e-zine, or have opted out previously in the left-hand menu bar and follow the instructions. You will solicitors’ profession. The e-zine issues once every two and would like to start receiving it again, you can sign up by need your solicitor’s number, which is on your 2010 practising months and brings news and information directly to your visiting the members’ section on the Law Society’s website at certificate and can also be obtained by emailing the records computer screen in a brief and easily-digestible manner. www.lawsociety.ie. Click on the ‘e-zine and e-bulletins’ section department at: [email protected]. law society gazette www.gazette.ie Jan/Feb 2014 notices 61 professional notices wills rates Breslin, Cormac (deceased), late of 2B The Glen, Boden Park, Rathfarnham, Dublin 16, and professional notice rates previously of 42 Hillside Park, Rathfarnham, Dublin 16. Would rates in the Professional notices section are as follows: any person having knowledge of • Wills – €147 (incl VAT at 23%) a will made by the above-named • Title deeds – €294 per deed (incl VAT at 23%) deceased, who died on 9 August Employment/miscellaneous – €147 (incl VAT at 23%) 2012, please contact Eamonn Ben- • nett, solicitor, 61/63 Dame Street, Highlight your notice by putting a box around it – €33 extra Dublin 2; tel: 01 677 3591, email: [email protected] All notices must be paid for prior to publication. Cheques should be made payable to Law Society of Ireland. Deadline for March 2014 Gazette: 19 Feb 2014. For Carter, Ashley (deceased), late further information, contact the Gazette office on tel: 01 672 4828 (fax: 01 672 4877). of 110 Ashlawn Park, Ballybrack, Co Dublin, who died on 28 August No recruitment advertisements will be published that include references to years of post-qualification experi- 2013. Would any person having ence (PQE). The Gazette Editorial Board has taken this decision based on legal advice, which indicates that knowledge of a will made by the such references may be in breach of the Employment Equality Acts 1998 and 2004. above-named deceased, or if any firm is holding the same, please contact Thomas Montgomery and Nursing Home, Dunmore Road, Flanagan, John (otherwise ford, Co Donegal; tel: 0749 153 Son, Solicitors, 5 Anglesea Build- Cloonfad, Co Roscommon, and Sean) (deceased), late of 59 Par- 233, fax: 0749 153 563, email: ings, Dun Laoghaire, Co Dublin; formerly of Moigh Upper, Kiltul- nell Square, Dublin 1. Would any [email protected] tel: 01 280 8632, email: david@ lagh, Cloonfad, Co Roscommon, person having any knowledge of montgomerysolicitors.ie who died on 26 September 2013. any will made by the above-named Hilton, Morna (deceased), late Would any person having knowl- deceased, who died on 21 October of Ardrinane Cottage, Annascaul, Casserly Maureen (deceased), edge of any will made by the 2013, please contact CBW Boyle Co Kerry. Would any person late of Flat 7, 54 Tritonville Road, above-named deceased please con- & Son, Solicitors, 70 Middle Ab- having knowledge of a will made Sandymount, Dublin 4, formerly tact Eric Gleeson & Co, Solicitors, bey Street, Dublin 1; tel: 01 873 by the above-named deceased, of Boston in the county of Suffolk Shop Street, Tuam, Co Galway; 1588, fax: 01 873 0706, email: who died on 10 May 2013, please and Commonwealth of Massachu- DX 116013 Tuam; tel: 093 52396, [email protected] contact Murphy Ramsay Walsh, setts, USA, who died on 16 June fax: 093 25745, email: carla@ Solicitors, 12 Ashe Street, Tralee, 2013. Would any person having ericgleeson.ie Gallagher, Daniel (otherwise Co Kerry; tel: 066 712 6883, fax: knowledge of any will executed Dan Joe) (deceased), late of 066 712 2221, email: canicewalsh@ by the above-named deceased, or Corcoran, Patrick (deceased), Killycolman, Rathmullan, Co mrwsol.com if any firm is holding same, please late of Cadamstown, Birr, Co Of- Donegal, who died 11 Novem- contact John Nash Solicitors, Ab- faly. Would any person having ber 2013. Would any person hav- Larkin, Michael (deceased), bey Street, Loughrea, Co Galway; knowledge of any will made by ing knowledge of a will made by late of Kilcullen, Enniscorthy, Co tel: 091 841442, fax: 091 841230, the above-named deceased, who the above-named deceased please Wexford. Would any person hav- email: [email protected] died on 17 January 2012, please contact Margaret McGinley of ing knowledge of a will executed contact Noonan & Cuddy, Solici- McGinley & Co Solicitors, Mil- by the above-named deceased, Colgan, Eileen (deceased), late tors, 12 Society Street, Ballinasloe, of 28 Derrynane Square, Lower Co Galway; tel: 090 96 42344, Dorset Street, Dublin 7, and for- fax: 090 96 42039, email: info@ merly of 4 Belvedere Place, Dublin noonancuddy.com SFP ENTITLEMENTS SALES 1, and 1A Whitworth Place, Dub- lin 3. Would any person having Fabianich, John George (de- URGENT –15 May 2014 is the date by which knowledge of any will made by the ceased), late of Portacarron, entitlements must be activated or sold otherwise above-named deceased, who died Oughterard, Co Galway, who died on 14 October 2013, please con- on 15 September 2013. Would any the Single Farm Payment will be lost for 2014. tact Gartlan Winters, Solicitors, person having knowledge of the 56 Lower Dorset Street, Dub- whereabouts of the original will, Joseph Naughton IPAV Auctioneer, Ballinasloe, Co Galway lin 1; DX 105004 Dorset Street; or of any will made by the above- tel: 01 855 7434, email: peter@ named deceased, please contact Professional and Secure Service with seven year’s gartlanwinters.ie Peter Keane, solicitor, Keane So- experience dealing with Solicitors all over Ireland licitors, Hardiman House, Eyre Conry (o/w Conroy), Patrick Square, Galway; tel: 091 566 767, Enquiries 090 9631630 or 087 2348705 (deceased), late of Meadowlands email: [email protected] 62 notices law society gazette www.gazette.ie Jan/Feb 2014 professional notices

who died on 24 January 2013, please Co Kerry. Would any solicitor contact Ensor O’Connor, Solicitors, holding or having knowledge of 4 Court Street, Enniscorthy, Co a will made by the above-named Wexford; tel: 053 923 5611, fax: 053 Elizabeth O’Keeffe, who died on Farrell Grant Sparks 923 5234 9 November 1996, please con- Audit • Tax • Advisory tact Niall Brosnan & Co, Solici- Lawlor, Bridget (deceased), late of tors, 5 St Anthony’s Place, Col- Beechwood Nursing Home, Leigh- lege Street, Killarney, Co Kerry; linbridge, Co Carlow, and formerly email: [email protected] LEGAL PRACTICE FOR SALE of Ballycabus, Goresbridge, Co This general practice is based in the midlands, specialising Kilkenny, and sometime resident Phelan, Seamus (deceased), late in conveyancing, wills & probate and litigation. at Tullow Hill, Tullow, Co Carlow. of Mannin (otherwise Mannion), Would any person having knowl- Pike-of-Rushall, Portlaoise, Co Interested parties (principals only) should contact: John Lyons, edge of a will made by the above- Laois, who died on 20 December RSM Farrell Grant Sparks, Church Street, Longford. Phone 043 334 1900 named deceased, who died on 20 2013. Would any person having www.rsmfarrellgrantsparks.ie October 2012, please contact Sea- knowledge of the whereabouts mus Brennan, solicitor, No 1 The of any will made by the deceased Spires, Dean Street, Kilkenny; tel: please contact Butler Cunning- 056 778 6905, email: abbeybridge@ ham & Molony, Solicitors, Tem- INTERESTED IN gmail.com plemore, Co Tipperary; tel: 0504 SELLING YOUR PRACTICE/ 31122/31569, fax: 0504 31635, WORKING PART TIME? Le Faou, Pierre (deceased), late email: [email protected] Contact in the strictest confidence of Mounteensudder, Glengarriff, Seamus Connolly, Partner Co Cork, who died on 3 Novem- Redmond, James (deceased), Moran & Ryan Solicitors ber 2013. Would any person hav- late of Regaile, Thurles, Co Tip- 35 Arran Quay Dublin 7 ing knowledge of a will made by perary, who died on 22 October Tel: 01 8725622; Mobile: 087 2499612 the above-named deceased, or any 2013. Would any person having firm holding same, please contact knowledge of a will made by the Email: [email protected] O’Mahony Farrelly O’Callaghan, above-named deceased, or if any Solicitors, Wolfe Tone Square, firm is holding same, please con- Freelance Is your client interested Bantry, Co Cork; tel: 027 50132, fax: tact Kelly Colfer Son & Poyntz, legal secretary 027 50603, email: ROCallaghan@ Solicitors, Delare House, South availabLE in selling or buying a omahonyfarrelly.com Street, New Ross, Co Wex- with excellent word 7-day liquor licence? ford; DX 37001; email: info@ processing skills and digital O’Brien, Patrick Joseph (de- kellycolfer.ie transcription. If so, contact Liquor ceased), late of Ballycullen, Mulli- Also experienced in Licence Transfers nahone, Thurles, Co Tipperary, who Reidy, Maurice (deceased), probate, conveyancing died on 23 September 2013. Would late of Milltown, Charleville, Co and litigation. Contact any person having knowledge of a Cork, who died on 19 November Contact Ann Rooney 0404 42832 will made by the above-named de- 2013. Would any person having on 086 325 2136 ceased, or if any firm is holding same, knowledge of a will made by the please contact Kearney, Roche & above-named deceased please Roberts, David Lewis (de- made by the above-named deceased McGuinn, Solicitors, 9 The Parade, contact James Binchy & Son, So- ceased), late of 11 Boyne Street, please contact Doyles Solicitors of 7 Kilkenny; tel: 056 772 2270, fax: 056 licitors, Charleville, Co Cork (ref: Westland Row, Dublin 2, and also Glena Terrace, Spawell Road, Wex- 776 3298, email: [email protected] OMB/EL); tel: 063 81214, fax: late of 107 Park, Carmarthen, SA31 ford; tel: 053 912 3077, fax: 053 912 063 81153, email: owen.binchy@ 1JG, Wales. Would any person 3071, email: [email protected] O’Callaghan, Siobhan (deceased), jamesbinchy.com having knowledge of any will made late of Block 10, Apartment 111, by the above-named deceased, who Townsend, Martin, (deceased), Brook Lawn, Strandville Avenue, Ringwood, Noelle (otherwise died on 3 December 2013, please otherwise known as Thomas Mar- Clontarf, Dublin 3. Would any per- Noelle Murray) (deceased), late contact Leo Buckley & Co, So- tin Townsend, late of Ballypierce, son having knowledge of any will of 40 Connawood Drive, Bray, Co licitors, 78 Merrion Square, Dub- Kildavin, Bunclody, Enniscorthy, made for the above-named deceased, Dublin, who died on 7 October lin 2; tel: 01 678 5933, email: leo@ Co Wexford. Would any person who died on 25 November 2013, 2012. Would any person having leobuckleysolicitors.com having knowledge of a will executed please contact PG Cranny & Com- knowledge of the whereabouts by the above-named deceased, who pany, Solicitors, 230 Swords Road, of any will made by the above- Stacey, Terence Thomas (de- died on 26 November 2013, please Santry, Dublin 9; tel: 01 842 2919 named deceased please contact ceased), late of Barrystown, Wel- contact Ensor O’Connor, Solici- Pauline Kennedy, solicitor, of 3 lingtonbridge, Co Wexford, who tors, 4 Court Street, Enniscorthy, O’Keeffe, Elizabeth (deceased), Drummartin Road, Goatstown, died on 23 March 2013. Would any Co Wexford; tel: 053 923 5611, fax: late of Central Stores, Rathmore, Dublin 14; tel: 01 299 3100 person having knowledge of a will 053 923 5234 law society gazette www.gazette.ie Jan/Feb 2014 notices 63 professional notices

Ward, Margaret (deceased), Co Limerick, who died on 16 May www.westsidebookkeeping.ie. Take notice that any person hav- late of 86 Bangor Road, Crum- 1985. Would any solicitor holding/ Specialising in all aspects of so- ing an interest in the freehold lin, Dublin 12. Would any person having knowledge of a will made by licitors’ bookkeeping/accounts/ estate or any superior leasehold having knowledge of a will made the above-named deceased please payroll. Experienced personnel estate in the following property: by the above-named deceased, contact William Fitzgibbon, so- available on a contract basis – on all that lot or piece of ground on who died on 24 May 2013, please licitor, Shinnick Fitzgibbon & Co, site. Excellent references available. the south side of Hatch Street in contact Cullen & O’Beirne, So- Solicitors, Baldwin Street, Mitch- Contact: Michelle Ridge; tel: 087 the city of Dublin, upon which licitors, Suite 338B, The Capel elstown, Co Cork; tel: 025 84081, 293 0347, email: [email protected] the premises now known as Building, Mary’s Abbey, Dublin 7; email: [email protected] number 29 Lower Hatch Street tel: 01 888 0855, fax: 01 888 0820, recruitment now stands, being the entire of email: [email protected] Whyte, Thomas (deceased), Busy Northwest established the premises comprised in an aka White, late of Ardnamoher, solicitors’ practice requires as- indenture of sub-lease dated 16 Whelan, Patrick (deceased), late Galbally, Co Limerick, who died sistant solicitor. Position would June 1944, made between Annie of Clondadoran, Portlaoise, Co on 13 November 1961. Would be suitable for qualified solicitor Sherry of the one part and Sybil Laois. Would any solicitor hold- any solicitor holding/having seeking practical experience. Ap- Good and Myer Woolfson of the ing or having knowledge of a will knowledge of a will made by the ply with curriculum vitae to box other part. And being portion made by the above-named de- above-named deceased please no 01/01/14 only of the premises comprised ceased, who died on 19 November contact William Fitzgibbon, so- in a superior lease dated 6 June 2013, please contact Rollestons, licitor, Shinnick Fitzgibbon & Co, title deeds 1867 made between the Right Solicitors, 4 Wesley Terrace, Solicitors, Baldwin Street, Mitch- Honourable Maziere Brady of Portlaoise, Co Laois; tel: 057 862 elstown, Co Cork; tel: 025 84081, Cremin, Joan (deceased), the one part and Thomas Tier- 1329, email: [email protected] email: [email protected] late of 22 St Finbarr’s Ter- ney and Mary Ann Tierney of the race, Greenmount, Co Cork. other part, which said premises Whyte, Mary (deceased), aka miscellaneous Would any person having are situate in the parish of Saint White, late of Sacre Couer Nurs- Westside Bookkeeping Services knowledge of the title docu- Peter and city of Dublin and are ing Home, Tipperary, and for- Need a bookkeeping/accounting mentation to 22 St Finbarr’s hereinafter referred to as ‘the merly of Ardnamoher, Galbally, service? Check out our website, Terrace, Greenmount, Co premises’. Cork, please contact JW Take notice that Ian McClean O’Donovan, Solicitors, 53 (the applicant) intends to submit South Mall, Cork; tel: 021 730 an application to the county reg- 0200, fax: 021 427 3704; ref: istrar for the county of the city of CMD/CMK/4329/1 Dublin for the acquisition of all superior interests including the freehold interest in the prem- Anyone knowing the where- ises, and any party asserting that abouts or holding title docu- they hold a superior interest in ments on behalf of the late the premises are called upon to William (Bill) Linehan (OB: furnish evidence of their title to 11/10/2013) or Maeve Line- the premises to the below named han (OB: 29/11/2013), both within 21 days from the date of late of 15 Castlepark, Castle- this notice. knock, Dublin 15, please con- In default of any such notice tact David M Murphy of Cor- being received, the applicant in- rigan & Corrigan, Solicitors, tends to proceed with the applica- 3 St Andrew Street, Dublin 2; tion before the county registrar at tel: 01 677 6108, fax: 01 679 the end of 21 days from the date 4392, email: david.murphy@ of this notice and will apply to the corrigan.ie county registrar for the county of the city of Dublin for directions as may be appropriate on the ba- In the matter of the Landlord sis that the persons beneficially and Tenant (Ground Rents) entitled to the superior interests Acts 1967-2005, and in the including the freehold reversion matter of the Landlord and in the premises are unknown or Tenant (Ground Rents) (No 2) unascertained. Act 1978, and in the matter of Date: 7 February 2014 an application by Ian McClean Signed: Hayes Solicitors (solicitors for and the premises known as 29 the applicant), Lavery House, Earls- Lower Hatch Street, Dublin 2 fort Terrace, Dublin 2 (AOS/JC)

M&K_LSG/LD 91X123 AW.indd 1 24/02/2011 16:40 64 the final verdict law society gazette www.gazette.ie Jan/Feb 2014 quantum meruit Sci-fi horror probe A New Mexico man, David Eckert, has claimed in a federal lawsuit that he was forced to submit to enemas, a colonoscopy, X-rays and several cavity searches after he was pulled over … for failing to yield for a stop sign. Then he was billed for his pains. The lawsuit says that a police officer patted him down and began to question him. Other responding officers inspected Eckert’s vehicle with a drug sniffer dog, which allegedly reacted, leading the police to suspect there were drugs on board. The police seized the car, Roaches have rights too but opinions differ over People for the Ethical Treatment of an insect to be controlled via a Bouncing whether consent was given Animals has asked the Michigan smartphone. for the vehicle search. attorney general and state regulators Co-founder Greg Gage, of bullet kills Apparently, no drugs were to take action against a company Backyard Brains, says his company’s found. that sells a ‘RoboRoach kit’ for $99, product is legal and has no mugger The arresting officer contending that the kit amounts to permanent adverse effect on the then obtained a search practising veterinary medicine without insect’s life. on the warrant that authorised a license, Time magazine reports. Lawyer Jared Goodman commented rebound an anal cavity search and The so-called ‘research’ kit that the kit encouraged mistreatment transported Eckert to an uses a remote control device to of the insects. “It’s not okay to A 16-year-old mugger was emergency room in Deming, control a cockroach’s movements, torture and mutilate cockroaches,” killed after a bullet fired by an where the attending but upcoming versions will allow he says. accomplice ricocheted off the physician refused to do the victim’s face, the Huffington Post procedure. Eckert was then reports. taken to a second hospital. The incident happened His lawsuit maintains that Watchoo talkin’ about, Willis? when a group accosted the three enemas, two X-rays, A British woman tried to sue her that was requisite in view of her man at a housing complex in and a colonoscopy and cavity former lawyers for professional firmly held belief in the sanctity San Francisco and demanded searches were performed. negligence, claiming that they of marriage.” he hand over his possessions, The hospital billed Eckert failed to advise her that finalising Mrs Mulcahy said that police said. for the examinations. divorce proceedings would her lawyers should have The man complied, but one of “This is like something inevitably cause her marriage to recommended judicial separation them pulled a handgun and fired out of a science fiction end, The Independent reports. as an alternative course of action. at him. The bullet struck his face, film – anal probing by Jane Mulcahy argued that The claim was dismissed. bounced off, and hit one of the government officials and the lawyers should have made it other robbers, Clifton Chatman. public employees,” Eckert’s clear that a divorce would cause The other gang members fled, lawyer told KOB4 television her marriage to be terminated – and Chatman was later station. The lawyer says the something she apparently wanted pronounced dead at the scene. search warrant was issued to avoid. The muggers’ victim was without probable cause, Lord Justice Briggs said: “The taken to hospital with serious was too broad, was invalid most striking of Mrs Mulcahy’s injuries but is expected to in the county where the many allegations of negligence survive. second hospital was located, against her solicitors was that, A 16-year-old has since been and had expired before the having regard to her Roman arrested on suspicion of murder colonoscopy was performed. Catholic faith, [the solicitors] and attempted robbery. had failed to give her the advice cases (for change)

HRM Recruit’s Legal Selection Team works with Partners and Solicitors at all levels to identify the next step in their highly successful legal careers.

employment associate Ref BD50 banking associate Ref BD51 Acting for high profile domestic and multinational businesses in Ireland, the This firm’s transparent management structures, mentoring programme, bonus employment law group of this top tier firm now seeks to appoint an ambitious system and unique partnership track programme are some of the reasons why it senior associate to its booming practice. In joining the team, you will work on the continues to attract top talent from every other Tier 1 firm in Dublin. In joining the full range of contentious and advisory matters and will enjoy a high degree of firm’s impressive banking team, you will enjoy a healthy mix of local and global autonomy. The appointee will have a partnership career trajectory. 6 years banking work, participate in meaningful client management activity as well as relevant experience. mentoring more junior team members. 6 years relevant experience. tax solicitor Ref BD52 insurance solicitor Ref BD53 This high profile tax team advises on a broad range of tax issues including The corporate insurance group of this top tier firm is widely regarded as the domestic acquisitions and MBOs, foreign direct investment, cross border M&A, market leader in Ireland. As a member of the team you will be involved in high aircraft financing, the tax components of debt capital markets, tax litigation profile and complex cross border insurance mergers, ongoing advice, regulatory matters and Revenue powers. The Partners now wish to appoint an ambitious issues and commercial agreements. A stable and growing team, suitable associate to the team who has the ability and hunger to ultimately become a candidates will come from either a corporate M&A or a non contentious insurance partner. 2 years relevant experience. background. 3 years relevant experience. junior qualified | corporate Ref NQ01 junior qualified | private client Ref NQ02 The corporate department of this Tier 1 firm deals with a broad range of work for This firm’s banking practice, which enjoys an enviable position in the Irish market, international FDI companies doing business in Ireland, including M&A, deals with the full spectrum of finance law for domestic/international financial privatisations, JVs, corporate reorganisations in addition to advising on ongoing institutions and corporate borrowers. As a result of growing work levels, the corporate, company law and governance issues. Applicants must have excellent partners seek to hire an entry level solicitor into the financial services group. academics and have completed a corporate rotation with a top tier law firm in Suitable candidates must have trained with a Big 6 Irish firm/leading London firm Dublin or London. Salary Scale: Newly Qualified Level. and have excellent academics. Salary Scale: Newly Qualified Level. solicitor | in-house Ref JS33 legal counsel | in-house Ref JS42 Advising on diverse legal aspects of large scale loan portfolios, the scope of this Working for this multinational biopharma organisation, the successful candidate role includes drafting and negotiating restructuring agreements, implementation will lead negotiations and draft a broad spectrum of commercial agreements, of enforcement options and managing litigation including judgement managing legal aspects on multijurisdictional transactions. Counsel will also have proceedings. This broad role will also include advices on insolvency remedies. responsibility for the implementation and monitoring of compliance procedures Expertise in banking/commercial property or restructuring is essential, with a and standards, liaising with senior management and providing guidance on legal track record advising on significant transactions. 3+ years relevant experience. and compliance issues. 5+ years relevant experience.

For a confidential discussion on any of these opportunities, or other non-advertised positions please contact: Bryan Durkan James Steele Principal Consultant Legal Selection Legal Selection Consultant t: +353 1 632 1852 t: +353 1 632 1881 e: [email protected] e: [email protected] www.hrmrecruit.com www.benasso.com

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Recognising talent’s one thing...

Recognisingfinding the truly talent’s successful one thing... findingfit is another the truly successful fit is another Talk to the Irish Legal Recruitment Specialists

Talk to the Irish Legal Recruitment Specialists A SELECTION OF POSITIONS FOR NOVEMBER 2008

PRIVATE PRACTICE € Pensions – Senior Associate to Partner level €Neg J00183 WeAsset have Finance significant - Associate new to SeniorAopportunities SELECTION Associate for practitioners OF to 100kPOSITIONS across J00351 Commercial FOR NOVEMBERProperty: Senior Associate 2008 to Partner level Our client, one of Ireland’s leading law firms, is seeking an experienced manyA first ratepractice solicitor areas is being from sought Recently for the Qualifiedlarge and successful to Partner Asset level. Finance A leading Dublin based law firm is seeking a very experienced Group of this Big 5 firm. The Group has unrivalled expertise in asset finance, Pensions Solicitor to join an expanding team. As part of the pensions team you PRIVATEThe following PRACTICE are examples of the roles our clients are seeking Commercial Property solicitor. Candidates will need to specialising in aircraft and big ticket leasing matters. The Group has an will be involved in general advisory work for companies and trustees and € Assettoextensive fill.Finance Pleaseand - Associate enviable make domestic tosure Senior to and visitAssociate international our website client for base, to other€100k including positions. J00351 foreign demonstratePensionspensions – Seniorsupport excellent Associate in corporate technical to Partner transactions. expertise level You coupled will be withrequired theNeg todrive adviseJ00183 on A firstand rate domestic solicitor aircraft is being owners, sought lessors for the and large a range and successful of financial Asset institutions. Finance You andOurand personalityclient, draft onecomplex of to Ireland’smarket documentation theleading firm’ and,laws services duefirms, to youris to seeking existing previous an andexperience, experienced will GroupBanking/Financialwill ofcurrently this Big be 5 workingfirm. Services:The in Groupasset financehasRecently unrivalled or in Qualified general expertise banking toin asset or commercial finance, potentialPensionsrequire Solicitorlimitedclients supervision. whilstto join anleveraging expanding This opportunity their team. own As is parta contacts/clients.very of client-facingthe pensions role team with you lots specialisingAssistantlaw and ininterested levelaircraft andin developingbig ticket leasingan exper matters.tise in Thethis Grouparea. hasAttractive an willof be responsibility involved in generaland excellent advisory career work forprospects. companies First-rate and trustees remuneration and extensiveOurremuneration client and enviable is packagea top-flight domestic on offer. Dublinand international law firm. client Candidates base, including will needforeign Construction/Procurementpensionspackage, support commensurate in corporate with transactions.(Non-contentious): experience. You will be required to advise on and draft complex documentation and, due to your previous experience, will andto domestic exhibit aircraftexcellent owners, academics lessors and a communication range of financial institutions.skills. You AssistantProjects to– AssociateAssociate to Senior Associate to €100k J00288 Commercial Litigation/Professional Indemnity – require limited supervision. This opportunity is a very client-facing role with lots will Applicantscurrently be mustworking have in asset strong finance exposure or in general to Banking/Financial banking or €commercial TopThis flight top-flight practice Dublin requires law firm seeksa solicitor to recruit with aprevious solicitor toexperience join its expanding Associate to Senior Associate Neg J00292 of responsibility and excellent career prospects. First-rate remuneration lawservices and interested work during in developing their training an exper contract.tise in this area. Attractive in thisProjects practice Team. area The towork join in a the first group rate is team. challenging, multi-disciplinary and This highly regarded UK law firm recently opened an office in Dublin’s City Centre package, commensurate with experience. remunerationand is now packageseeking an on experienced offer. Litigator to join the team. The team handles varied, and as a member of the team, you will provide legal services to project € CommercialCorporate/Commercial:defence ofLitigation/Professional all types of claims Recently againstIndemnity Qualified professionals – to Assistantof various leveldisciplines Insolvency:Projectssponsors, – Associate contractors,Associate to Senior tofunders Senior Associate and Associate other financial level institutions.to 100k You J00288will be a AssociateOurincluding client to accountants,Senior is a leading Associate engineers, Irish legal architects, practice surveyors, with a firstfinancial€ classNeg advisors J00292client and OurThisbright, client’stop-flight ambitious restructuring Dublin solicitorlaw firm team withseeks aworks tokeen recruit interestwith a asolicitor widein this client topractice join base its expandingarea. Highly Thisbase.solicitors, highly In regarded additionmainly UK over tolaw high contractualfirm recentlycalibre disputes openedacademics, anand office allegationsapplicants in Dublin’s of Citywill professional Centrehave includingProjectscompetitive Team. debtors, salary The financialworkand benefits in the institutions, grouppackage. is challenging, secured multi-disciplinarycreditors, and negligence. You will have solid litigation experience, ideally with exposure to varied, and as a member of the team, you will provide legal services to project andtrained is now seeking with a anfirm experienced recognised Litigator for its to joinexpertise the team. in thisThe teamfield. handles unsecuredSenior Tax creditors, Practitioner investor committees, insolvency €Neg J00291 sponsors, contractors, funders and other financial institutions. You will be a defenceinsurance, of all construction types of claims and ADR. against You willprofessionals also have good of various communication disciplines skills An opportunity has arisen for an ambitious practitioner to establish a Tax practitioners,bright, ambitious equity solicitor holders with anda keen management. interest in this The practice team area. Highly includingand commercial accountants, awareness engineers, as architects, well as surveyors,the ability financialto work advisorsunder minimal and Department at this highly successful Dublin-based law firm. You will advise solicitors,Commercialsupervision. mainly Competitive Property:over contractual Assistantremuneration, disputes level andcommensurate allegations ofwith professional experience. advisescompetitive on salaryall sizes and and benefits complexities package. of engagements. You A top ranked law firm requires one, possibly two, Assistant willclients have onstrong a broad exposure range of to issues, restructuring including issuesstamp duty coupled planning, corporate negligence. You will have solid litigation experience, ideally with exposure€ to tax planning, compliance and advisory services for Irish and€ international SolicitorsEnergy – Associate to deal with to Senior high Associatequality Commercial Property workNeg J00195on withSenior good Tax negotiatingPractitioner skills. Neg J00291 insurance, construction and ADR. You will also have good communication skills Ancompanies, opportunity hascorporate arisen forfinance, an ambitious corporate practitioner restructuring, to establish mergers, a Tax behalfThis top-flight of an Dublinestablished law firm suite seeks of to clients. recruit Candidatesa solicitor to joinmust its haveexpanding andEnergy commercial Department. awareness You willas bewell advising as the on ability significant to work energy under projects minimal in the Departmentdemergers, at acquisitions, this highly successful joint ventures, Dublin-based MBOs, floatations, law firm. securitiesYou will advise issues prior experience of challenging Commercial Property matters. supervision.Irish market Competitive and in legal andremuneration, regulatory issues commensurate relevant to the with energy experience. sector. You Regulatory/Complianceclientsand equityon a broad offerings, range revenue of (Banking/Financialissues, litigation including and stamp settlement Services): duty planning, negotiations corporate and tax You will advise on all aspects of property work, including landlord Associate to Senior Associate Energywill have – Associate experience to Seniorof dealing Associate with all aspects of energy law €fromNeg exploration, J00195 taxplanning planning, and compliance advisory services and advisory relating services to cross borderfor Irish transactions. and international You will Thisanddevelopment top-flight tenant, Dublin andinvestments, production,law firm seeks acquisitionsthrough to recruit to refining aand solicitor anddisposals. sales. to join Previous its expanding exposure Ourcompanies,also client be responsibleis acorporate top law for firm. recruitmentfinance, Candidates corporate and management will alreadyrestructuring, of possess a team mergers,to develop Energyto projects Department. work will You be will an beadvantage. advising onFirst significant rate salary energy and benefits projects package. in the extensivedemergers,the taxation experience acquisitions, function. in jointThe this ventures, successfulpractice MBOs, area. candidate floatations,You willwill behave securities advising gained issues strong Commercial Litigation: Associate to Senior Associate level interandexperience equity alia on offerings, the at a practical top-end revenue legal implications litigation or accountancy and of settlement new firm. regulatory negotiations and tax IrishIntellectual market and Property in legal and – Associate regulatory to issues Senior relevant Associate to the energy to €100k sector. J00321 You planning and advisory services relating to cross border transactions. You will will WeAhave leading have experience aDublin number offirm dealing ofseeks openings with to allrecruit aspects for highan ofadditional energycalibre law solicitorsIP fromSolicitor exploration, to join its developmentsTrust & Estate and Planning keeping –Senior abreast Associate of all regulatory matters€Neg J00286 also be responsible for recruitment and management of a team to develop developmentrequiredexpanding andfordepartment. leadingproduction, practices You through will deal whoseto refiningwith clientan and interesting basessales. Previous range mix of from exposurework, both thatThis might top flightaffect Dublin the lawfirm’s firm clientseeks anbase. experienced Trust and Estate Planning the taxation function. The successful candidate will have gained strong to projectsindividualscontentious work and andwill non-contentiousbe domestic an advantage. financial including First rateinstitutions copyright, salary and trademarks, to benefits international package. passing off, solicitor. You will deal mainly with high net worth individuals, providing advice on experience at a top-end legal or accountancy firm. Intellectualplcs.patent Candidatesdisputes Property and – mustAssociatedomain be name workingto Senior disputes. withAssociate aClients highly include toregarded€100k manufacturers, lawJ00321 Professionaltax planning, Support trusts administration Lawyers (Corporate as well asand standard Litigation): wills and probate A leadingfirmretailers, andDublin designers,have firm experience seeks publishers to recruitof ofdealing anbooks, additional with magazines a varietyIP Solicitor andof challenging tonewspapers, join its SeniorTrustmatters. & AssociateEstate You Planningwill have excellent –Senior Associatecommunication and interpersonal€Neg skills J00286 as well expandingandadvertising complex department. agencies commercial andYou websitewill litigationdeal owners. with casesan The interesting successfulin the Commercialmix candidate of work, will both have TopThisas tiertop a proven flightpracrtice Dublintrack requiresrecord law firm of businessseeksexperienced an d experiencedevelopment. practitioners Trust Highly and incompetitive Estateboth Planning salary contentiousCourt.previous andexposure non-contentious to IP and includinggeneral copyright,commercial trademarks, work from passinga recognised off, thesesolicitor.and specialisations.benefits You will package.deal mainly with high net worth individuals, providing advice on patentpractice disputes together and withdomain sound name academics. disputes. Clients include manufacturers, tax planning, trusts administration as well as standard wills and probate retailers, designers, publishers of books, magazines and newspapers, matters. You will have excellent communication and interpersonal skills as well advertising agencies and website owners. The successful candidate will have as a proven track record of business development. Highly competitive salary previousFor moreexposure information to IP and general on these commercial and other work vacancies,from a recognised please visitand benefits package. practiceour websitetogether with or soundcontact academics. Michael Benson bcl solr. in strict confidence at: Benson & Associates, Suite 113, The Capel Building, St. Mary’s Abbey, Dublin 7. For more information on these and other vacancies, please visit T +353 (0) 1 670 3997 E [email protected] Legal Recruitment Specialists ourwww.benasso.com website or contact Michael Benson bcl solr. in strict confidence at: Benson & Associates, Suite 113, The Capel Building, St. Mary’s Abbey, Dublin 7. T +353 (0) 1 670 3997 E [email protected] Legal Recruitment Specialists 2503 Publication: Law Society Gazette Inside Back Page Insertion date: November 08 Size: Full Page Colour Draft 6

2503 Publication: Law Society Gazette Inside Back Page Insertion date: November 08 Size: Full Page Colour Draft 6