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Gazette€3.75 July 2007

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Gazette€3.75 July 2007 LAW SOCIETY Gazette€3.75 July 2007 THETHE RIGHTRIGHT TOTO SILENCESILENCE UNZIPPEDUNZIPPED INSIDE: ADVERTISING CAMPAIGN • SOLICITORS IN THE DÁIL • MANSLAUGHTER REDEFINED? • LETTERS LAW SOCIETY GAZETTE JULY 2007 CONTENTS On the cover LAW SOCIETY Every time Eastenders’ Phil Mitchell gets hauled in by the Old Bill, he won’t say nuthin’ till he sees his brief. But what Gazette advice should a lawyer give to Gazette a client suspect? July 2007 PIC: GETTY IMAGES Volume 101, number 6 Subscriptions: €57 REGULARS 5 President’s message 7 News Comment 13 13 Letters 14 Viewpoint: does the 2004 Social Welfare Act discriminate against society’s most vulnerable? Analysis 17 17 News feature: collaborative lawyers in bakery shocker! 18 Human rights watch: deportation and the ECHR 18 18 One to watch: Disability Act 2005 (Part 2) Practice doctor 42 Managing your time – did you do your ‘ecker’? People and places 43 Loads and loads of stuff! 50 Student spotlight Book review 51 Irish Maritime Law Briefing 52 52 Council report 53 Practice notes 43 54 Legislation update: 16 May – 18 June 2007 57 Solicitors Disciplinary Tribunal 58 Firstlaw update 61 Eurlegal: repackaging parallel imports 65 Professional notices 70 Recruitment advertising Editor: Mark McDermott. Deputy editor: Dr Garrett O’Boyle. Designer: Nuala Redmond. Editorial secretaries: Catherine Kearney, Valerie Farrell. For professional notice rates (lost land certificates, wills, title deeds, employment, miscellaneous), see page 65. 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), Pamela Cassidy, Paula Fallon, Michael Kealey, Mary Keane, Aisling Kelly, Patrick J McGonagle, 44 Ken Murphy, Philip Nolan, William Prentice. 2 www.lawsociety.ie CONTENTS LAW SOCIETY GAZETTE JULY 2007 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 LRC public details to: IT Section, Blackhall Place, Dublin 7, or to: [email protected] consultation on law reform on 18 July Subscribers to the Gazette should send change-of-address details to: • Employment opportunities Gazette Office, Blackhall Place, Dublin 7, or to: [email protected] • 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: 22 The sound of silence The 2007 Criminal Justice Act allows for adverse inferences to be drawn from a suspect failing to mention matters subsequently relied upon in their defence. Diarmuid Collins asks what this might mean in practice Dangerous liaisons 26 The LRC’s consultation paper on involuntary manslaughter makes provisional recommendations that could lead to a redefinition of ‘unlawful and dangerous act manslaughter’. Jane Mulcahy opens the dictionary Go, move, shift 30 Tenants may appear to have a right to a new tenancy, but landlords may have a way out. As the law stands, avoiding the grant of a new tenancy is possible. Andrew Sexton calls the bailiffs Living the ethos? 33 The winning entry in this year’s Law Reform Student Essay 30 Competition is abridged here by the author, Mark Coen You’ve been terminated 36 Employers must consult with employees before terminating contracts of employment and cannot implement redundancies until at least 30 days from the start of the consultation process. Ian Moore examines employers’ responsibilities Canterbury tales 39 At a recent meeting in Canterbury of the education committees of the law societies of Ireland, England and Wales, Scotland, and Northern Ireland, Dominic Dowling’s paper won many plaudits and is abridged here by the author 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 PRESIDENT’S MESSAGE LAW SOCIETY GAZETTE JULY 2007 Upholding the right to freely choose a lawyer any of you will have seen the the Law Society, we are public information campaign constantly being told carried out in various newspapers that people who feel recently by the Law Society. This their rights have been M is in response to repeated calls by infringed are reluctant to our members over the years to have us promote the take cases because of work and the value of solicitors within the some stigma that has community. been portrayed, either in There will be divided opinion as to whether the the media or elsewhere. Law Society should engage in this type of campaign The Law Society will or not. There will also be many views on the nature never condone improper and content of any campaign. It seems to be the or exaggerated claims. It case that the one thing that many people consider will, however, constantly fight for the rights of “In recent themselves expert on is public relations. individuals to be represented by lawyers of their times, there The decision to go ahead was taken only after the choice in the vindication of their rights. A person most careful thought and discussion, and after the always has the right to employ a solicitor or has been a most detailed external advice was obtained. It is an barrister – or not. The public will never hear the concerted innovative and modern campaign. It is designed to Law Society advising them not to consult an draw attention to the profession. We could have independent professional for advice and assistance effort by gone for a predictable and safe option that might and, thus, there is nothing unusual in the Law various groups even have been considered boring. We will shortly Society promoting the services of solicitors to the be assessing the effect of the campaign and this general public. to discourage assessment will form the basis of our views for any However, the public should be very wary when people from future activities. individuals or bodies constantly try to assert the Our members have also been concerned that, in proposition that one need not necessarily employ a taking their recent times, there has been a concerted effort by lawyer. If one could guarantee that a client’s rights case to court” various groups to discourage people from taking would never be infringed, then lawyers would not be their case to court. Hardly a week goes by without necessary, but this situation is not likely to occur any somebody saying to me that the Law Society should time soon. When a solicitor is employed by a do something to redress this imbalance. It is the person, that individual’s rights are paramount to the case that victims – and I am not simply referring solicitor. It is a pillar of our democracy that the here to personal injury cases – have rights too. public should be allowed choose their lawyer without let or hindrance from any other source. Victim compensation This is a fact that those who would prefer to see Very often, the only way that one can redress a people go unrepresented would do well to wrong is to offer a victim compensation. remember. Sometimes a combination of a rights-based judgment and compensation is the answer. There Philip M Joyce are over 10,000 solicitors on the roll in Ireland. In President www.lawsociety.ie 5 MEDIATION AND DISPUTE RESOLUTION IN IRELAND FRIARYLAW CIVIL & COMMERCIAL PROGRAMME: Waterford, Wednesday 19th– Saturday 22nd September 2007 FRIARYLAW ONE DAY MEDIATION FORUM: Galway, Wednesday 26th September 2007 “Disputes arise in business; how they are commercial society is embracing new and • On April 1st 2005 Friarylaw was appointed by the Minister and dealt with can determine an undertaking’s innovative forms of dispute resolution. Department of Justice as a nominating body under section 15 of ultimate success or failure. Mediation has Recent legislative change at national ( Civil the Civil Liability and Courts Act, 2004. emerged in Ireland as one of the most effec- Liability and Courts Act, 2004 & Statutory • ADR Group was the first mediation trainer and service provider in tive forms of dispute resolution. Its advan- Instrument S.I. No. 2 of 2004 Superior Court the EU to receive ISO9002 accreditation. tages over litigation, arbitration or other forms Rules regarding Commercial Proceedings) and • The training course satisfies 35 hours of the Law Society of of dealing with disputes include: at EU level (pending EU Mediation Directive Ireland’s CPD requirements.
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