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The Fyffes Decision LAW SOCIETY GazetteGazette€3.75 June 2008 NONO MOREMORE MONKEYMONKEY BUSINESS:BUSINESS: TheThe FyffesFyffes decisiondecision INSIDE: LISBON – PRO AND CON • LYNN STRUCK OFF • CONFESSIONS OF A CRIMINAL MIND • NERVOUS SHOCK , - , -9 iÞÊvi>ÌÕÀià ÌiÌÊ>`Ê ÛiÀ>}i UÊÊnÊV>ÃiÊÀi«ÀÌ}Ê>`Ê`}iÃÌÊÃiÀiÃ]ÊVÕ`}ÊÌ iÊ ÀiÜi`Ê,Ê>`Ê/,]Ê}Û}ÊÞÕÊvÕÊÌiÝÌÊ>ÜÊÊ Ài«ÀÌÃÊ`>Ì}ÊL>VÊÌÊ£nÈÇI 7iÃÌ>ÜÊ ÊÃÊÌ iÊÃÌÊ UÊÊÊV«iÌiÊÃiÌÊvÊVÃ`>Ìi`ÊVÌÃÊ>`Ê-°°ÃÊvÀÊ>Ê iÞÊ>Ài>ÃÊvÊ>Ü V«Ài iÃÛiÊ>`Ê UÊÊ Ý«iÀÌÊ>>ÞÃÃÊvÊvÕÊÌiÝÌÊVÌÃÊL>VÊÌÊ£n{ UÊÊ£äÊÕÀ>ÊÃiÀiÃ]ÊVÛiÀ}ÊiÛiÀÞÊÌ«VÊÞÕÊÜÕ`Êii`Ê >ÕÌ ÀÌ>ÌÛiÊÀà Êi}>Ê ÌÊÀiÃi>ÀV UÊÊ,iiÛ>ÌÊiÜÃÊ>`ÊLÕÃiÃÃÊvÀ>Ì vÀ>ÌÊÃiÀÛVi°Ê UÊÊ ÕÀÀiÌÊ>Ü>ÀiiÃÃÊÃiÀÛViÊÕ«`>Ìi`ÊViÊ>Ê`>Þ ÕVÌ>ÌÞ UÊÊ*ÜiÀvÕÊÃi>ÀV ÊvÕVÌ>ÌÞ UÊÊi}>ÞʵÕ>wÊi`ÊVÕÃÌiÀÊÃÕ««ÀÌÊÌi> UÊÊÌÀ>iÌÊÃÕÌÃÊvÀÊVÕÃÌÃi`ÊÜi`}iÊÊ >>}iiÌÊÃÞÃÌià IÊÊ/,Ê­Àà Ê>ÜÊ/iÃÊ,i«ÀÌîÊÜÊLiÊ>``i`Ê `ÕÀ}ÊÓään LAW SOCIETY GAZETTE JUNE 2008 CONTENTS On the cover LAW SOCIETY Insider trading used to be the golden cow from which executives amassed fortunes at the expense of the market. But surely that’s Gazette just bananas! June 2008 PIC: GETTY IMAGES Volume 102, number 5 Subscriptions: €57 REGULARS 5 President’s message 7 News Analysis 12 12 News feature: Law Society’s objections to DPP’s ‘reasons’ proposals 14 News feature: you guessed it: more collaborative law! Comment 16 16 Viewpoint: two opinions, one vote – at least until Lisbon II: the re-run 11 40 People and places 47 Student spotlight 48 Parchment ceremony photographs Book reviews 55 Literature, Judges and the Law; Practice and Procedure in the Superior Courts; Company Law Compliance and Enforcement Briefing 57 57 Council report 58 Legislation update: 16 April – 20 May 2008 60 Solicitors Disciplinary Tribunal 61 Practice note 16 62 Firstlaw update 64 Eurlegal: public procurement, helicopter gunships? Wow! 68 Professional notices 73 Recruitment advertising Editor: Mark McDermott. Deputy editor: Dr Garrett O’Boyle. Designer: Nuala Redmond. Editorial secretaries: Catherine Kearney, Valerie Farrell, Laura Wipfler. For professional notice rates, see page 69. Commercial advertising: Seán Ó hOisín, 10 Arran Road, Dublin 9; tel: 01 837 5018, fax: 01 884 4626, mobile: 086 811 7116, email: [email protected]. Printing: Turner’s Printing Company Ltd, Longford. Editorial board: Stuart Gilhooly (chairman), Mark McDermott (secretary), Paula Fallon, Michael Kealey, Mary Keane, Aisling Kelly, Patrick J McGonagle, Ken Murphy, 45 Philip Nolan. 2 www.lawsociety.ie CONTENTS LAW SOCIETY GAZETTE JUNE 2008 Get more at lawsociety.ie PROFESSIONAL NOTICES: send your small advert details, with payment, to: Gazette Office, Blackhall Place, Dublin 7, tel: 01 672 4828, or email: [email protected]. Gazette readers can access back issues of the ALL CHEQUES SHOULD BE MADE PAYABLE TO: LAW SOCIETY OF IRELAND. magazine as far back as Jan/Feb 1997, right up to the current issue at lawsociety.ie. COMMERCIAL ADVERTISING: contact Seán Ó hOisín, 10 Arran Road, Dublin 9, tel: 01 837 5018, fax: 884 4626, mobile: 086 811 7116, email: [email protected] You can also check out: • Current news HAVE YOU MOVED? Members of the profession should send change-of-address • Forthcoming events, including the half-day details to: IT Section, Blackhall Place, Dublin 7, or to: [email protected] FLAC seminar on public interest law in Subscribers to the Gazette should send change-of-address details to: Dublin on 20 June Gazette Office, Blackhall Place, Dublin 7, or to: [email protected] • Employment opportunities • The latest CPD courses HOW TO REACH US: Law Society Gazette, Blackhall Place, Dublin 7. … as well as lots of other useful information Tel: 01 672 4828, fax: 01 672 4877, email: [email protected] FEATURES COVER STORY: 20 No more monkey business The Fyffes judgment indicates that successful insider- trading claims must show that the insider has information that is not generally available, but, if it were, would be likely to materially affect the price of securities. In the first of two articles, Conor Feeney peels that particular banana Shock to the system 24 A hundred years ago, Irish tort law on post-traumatic stress disorder was ahead of all other common law jurisdictions, but Michael Boylan asks whether we are now lagging behind House of the rising sun 28 Part V of the Planning and Development Act 2000 aims to encourage residential integration. But what does it mean in practice? John Gore-Grimes gets down to the bricks and mortar 32 Criminal mind 32 Frank Buttimer has been involved in some of the country’s highest-profile murder cases, describing one trial as “the most extraordinary criminal case I’ve ever been involved in”. Colin Murphy gets on his case Heigh-ho, heigh-ho... 36 Following last month’s article on overtime, Michael Prendergast considers the 1997 Organisation of Working Time Act and asks whether the legislation was really worker-safety driven – or, in fact, economically motivated The Law Society of Ireland can accept no responsibility for the accuracy of contributed articles or statements appearing in this magazine, and any views or opinions expressed are not necessarily those of the Law Society’s Council, save where otherwise indicated. No responsibility for loss or distress occasioned to any person acting or refraining from acting as a result of the material in this publication can be accepted by the authors, contributors, editor or publishers. The editor reserves the right to make publishing decisions on any advertisement or editorial article submitted to this magazine, and to refuse publication or to edit any editorial material as seems appropriate to him. Professional legal advice should always be sought in relation to any specific matter. Published at Blackhall Place, Dublin 7, tel: 01 672 4800, fax: 01 672 4877. Email: [email protected] Law Society website: www.lawsociety.ie 36 www.lawsociety.ie 3 Molann an obair an fear ay 2008 was a proud month for the solicitors’ profession and for the Law Society of Ireland. On 7 May, for the first time in the history of M the state, a solicitor was elected Taoiseach. I know that colleagues throughout the country, of every political persuasion, applaud Brian Cowen on his achievement and wish him well with his important duties. The profession was further honoured by the appointment of Dermot Ahern as Minister for Justice, Equality and Law Reform, and Peter Power as Minister of State at the Department of which is spearheaded by well-known US attorney “Walter Swift Foreign Affairs. Barry Scheck. As colleagues, we wish them well as they discharge Both Walter Swift and Barry Scheck were fulsome was the victim of their duties. in their praise for the work of our colleague, Niamh a miscarriage of Gunn who, while a student here, spent time on a 17 May placement with the Innocence Project and got to work justice brought Given that it was the tenth anniversary of the Calcutta on Walter’s file. Through her continuing efforts, long about by the Run, the organisers were determined that it should be after the placement finished, critical new facts were more successful than ever. They set the ambitious established that led to the exoneration. Barry Scheck gross target of raising €300,000 for the Fr Peter McVerry attributed her success to her Irish brogue and an ability indifference of Trust and GOAL’s orphanages in Calcutta, to bring to charm cooperation out of even the most unlikely the combined receipts generated over the last ten source. I myself suspect it has rather more to do with people in years to €2 million. the tenacity for which the county of Cork is famous. authority to his I am delighted to say that the greatest number ever Amazingly, despite 26 years of illegal detention, of solicitors and their office staff participated. In all, Walter Swift is not a bitter man, as he bravely goes fundamental 1,500 runners/walkers/pram-occupants took part and about rebuilding his life. He has kindly accepted the rights, rights we it looks like the fundraising total will be in the region Society’s invitation to visit Ireland and share his of €340k. Fundraising continues, however, and it is experiences with us, as a reminder of the difference as solicitors are never too late to support these wonderful charities, that committed and conscientious lawyers can make committed to each of which make sure that every euro received is and of the continuing need to be vigilant regarding put to the best possible use. And of course there will miscarriages of justice, whether at home or abroad. uphold” be next year – provisionally, the date has been set for 16 May 2009, so put it in your diary! 23 May Michael Lynn is struck off the Roll of Solicitors by 21 May order of the President of the High Court. Walter Swift from Detroit in the United States, who had spent 26 years in prison for a crime he did not 29 May commit, is exonerated. He, like many others before Niamh Gunn and 58 other highly trained, enthusiastic him, was the victim of a miscarriage of justice brought and principled solicitors received their parchments. about by the gross indifference of people in authority The future looks good. G to his fundamental rights, rights we as solicitors are committed to uphold. His release was brought about James MacGuill through the wonderful work of the Innocence Project, President www.lawsociety.ie 5 NEWS LAW SOCIETY GAZETTE JUNE 2008 nationwide Send your news to: Law Society Gazette, Blackhall Place, Dublin 7, or email: [email protected] ■ DUBLIN PIC: ADRIAN BUTLER, THE LIMERICK LEADER Court areas is at a consultative Well-known District Court stage, with draft proposals practitioner Yvonne Allen has being in line with what was been good enough to let me expected, and the likelihood know of a change in relation to that Mayo will be treated as one the renewal of auctioneers’ district.
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