Machine head Quis custodiet? Canadian bacon Will increasingly advanced New York lawyer Pat Ireland may have an artificial intelligence Gatling on civil rights and important role in the new make lawyers obsolete? the US justice system Canada/EU trade deal gaLAW SOCIETY ette€4.00 JUNE 2017

WINNER LIFE SENTENCE? Contracts of indefinite duration and employment rights gaLAW SOCIETY ette

IMPORTANT NOTICE FOR ONLINE READERS In order to enhance your enjoyment of the online, interactive version of the Gazette, readers are strongly advised to download the magazine first to their computer or device.

Prior to downloading the Gazette, make sure that you are using the most up-to-date versions of your favourite browser, for example, Internet Explorer, Safari, Firefox or Chrome. Does your client have a claim eligible for ASR Hip ADR?

The ADR Process gives claimants a neutral non-binding evaluation of eligible claims

How it works

To apply, submit a completed Form B to McCann FitzGerald solicitors. Form Bs are available from McCann FitzGerald and from www.hipadr.ie. On receipt of Form B McCann FitzGerald may ask for additional information or documents, such as necessary medical records or details of any special damages claimed. If the claimant’s case is eligible, Form B will be endorsed and returned to the claimant’s solicitor. Both parties prepare written submissions which are submitted to an independent Evaluator who issues a written evaluation stating the amount of any damages assessed. The parties have 45 days to accept or reject the evaluation.

• Claimants in the ADR Process do not have to • Evaluators are senior counsel or retired prove liability; only causation and quantum are Superior Court judges relevant • A €25,000 payment in respect of the claimant’s • There is no fee to submit a claim to the ADR legal costs, outlay and VAT will be paid within Process 28 days of settlement of claims within the ADR Process. This is without prejudice to a claimant’s • If necessary, McCann FitzGerald will collect right in the circumstances of a case to seek the claimant’s medical records where written higher costs and outlay through negotiation or authorisation has been provided taxation

Eligible claims

Claimants may avail of the ADR Process if:

• Proceedings have issued • Injuries Board authorisation has been obtained

• The index surgery of the ASR product took place • The claim is not statute barred in Ireland • Revision surgery was not exclusively due to • Revision surgery took place in Ireland not earlier dislocation; trauma; infection; fracture of the than 180 days and not later than 10 years after the femoral head; or any issue related to the femoral index surgery stem

For further information, or to discuss settlement of any eligible claim, please contact McCann FitzGerald (DFH/RJB) on 01 829 0000 or email [email protected] Law Society Gazette | gazette.ie PRESIDENT’S MESSAGE June 2017 1

WORD GAMES

et’s a play a word game: London, Following a trip on the Eurostar, a similar Brussels, Paris… So what comes meeting took place in Brussels the following next – Amsterdam, Berlin, day. We explained, on both occasions, that we Barcelona? No, children, it’s the weren’t seeking to specifically encourage or obvious answer – Carrick-on- persuade anyone to take this step – merely to Shannon. At this point, you may provide information and ascertain the level be thinking your president has finally gone off of interest. the reservation, but there is a point. LThis job has many facets to it, and some Interesting views weeks are quieter than others. The second week A meeting with the CCBE in Brussels and in May was at the other end of the spectrum the Irish permanent representation provided and epitomised that eclectic nature of the some interesting views on where the legal Law Society’s role in meeting the needs of an profession in a European context is heading increasingly diverse profession. in this deeply uncertain environment. I mentioned in my last message that the The final lap led to Paris on the Wednes- director general and I were embarking on a day, where an important seminar jointly short European tour in order to try and clarify organised by the French Bar and the Law some of the rumours that fill our news cycle. Society of England and Wales provided plenty Our first stop was London, where we met the of food for thought and more insights into the senior partners of two of the most talked-about huge difficulties Britain faces in the context firms. Both Pinsent Masons and DLA Piper extended a warm welcome and were frank in their intentions. Essentially, both have similar ambitions. IF THERE ARE OTHERS INTENDING Priority list TO MAKE MOVES, THEY ARE KEEPING They are actively pursuing a policy of opening Dublin branches and intend to hire largely THEIR CARDS CLOSE TO THEIR CHESTS from within Ireland. In both instances, they had intended to make this move even before Brexit went from ghoulish fantasy to full-blown horror story. DLA Piper, however, does admit that the of collective European unity. vote last June moved Dublin up the priority list. That’s where Leitrim comes in. We The potential sizes of their offices do not look were back in the country a matter of hours likely to take them into the higher echelons of when, following a day of judging with the the league table. Justice Media Awards panel, our planes, trains If there are others intending to make moves, and automobiles experience took us to Carrick- they are keeping their cards close to their chests; on-Shannon for the second CPD cluster of though, of course, like everything with Brexit, no the year. one knows for sure what will happen next. And, I can honestly say, Leitrim beat Part two of the London visit involved Europe all ends up! The cluster CPDs meeting solicitors who might have an interest in have been a massive success and it’s the best taking out an Irish qualification while remaining opportunity for me to meet colleagues, deal in Britain. The numbers joining the roll with any issues, and also see the important work continues to inch slowly upwards past the 1,000 that goes on in our country towns. Limerick mark, though those with practising certificates and Donegal are next on the list – and I don’t STUART GILHOOLY, number less than a quarter of these. expect too much chat about Brexit! PRESIDENT 2 June 2017 CONTENTS Law Society Gazette | gazette.ie

18 14 26 LAW SOCIETY GAZETTE • Vol 111 No 5 Machine head Quis custodiet? Canadian bacon Will increasingly advanced New York lawyer Pat Ireland may have an artificial intelligence Gatling on civil rights and important role in the new make lawyers obsolete? the US justice system Canada/EU trade deal COVER STORY

gaLAW SOCIETY ette€4.00 JUNE 2017 38 Chain gang 48 Flying by the CETA your pants Employers and the medical With longstanding Canadian ties and as the only JUNE 2017 profession are fast realising that common law English-speaking jurisdiction post- the use of fixed-term contracts Brexit, Ireland may find itself with an important doesn’t avoid claims for permanent role to play in CETA’s application. Sara Hansvall WINNER LIFE SENTENCE? Law Society of Ireland Contracts of indefinite duration employment. James Seymour turns the page and employment rights makes a break for it COVER: REX FEATURES 52 Let’s call the whole thing off In a follow-up to ‘Separation anxiety’ by Keith Walsh in the May issue, Jennifer O’Brien assesses FEATURES the impact of Brexit on international family law

44 Challenge accepted 56 Wherever I lay my hat... The results of the second Law Those facing repossession may also face difficulty Society survey of managing partners, providing for their future accommodation. conducted by Outsource, are in. Solicitors should be familiar with social-housing David Rowe talks turkey support options, writes Rose Wall

Law Society Gazette Volume 111, number 5 Subscriptions: 65 ( 95 overseas) gaLAW SOCIETY ette € € 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 secretary: Catherine Kearney All cheques should be made payable to: Law Society of Ireland Printing: Turner’s Printing Company Ltd, Longford

COMMERCIAL ADVERTISING: contact Seán Ó hOisín, 10 Arran Road, Dublin 9, Editorial board: Michael Kealey (chairman), mobile: 086 811 7116, tel: 01 834 6891, email: [email protected]. Mark McDermott (secretary), Patrick Ambrose, See the Gazette rate card online at www.lawsociety.ie/gazette-rates William Aylmer, Aoife Byrne, Mairéad Cashman, Hilary Forde, Richard Hammond, Teri Kelly, Tracy HAVE YOU MOVED? Members of the profession should send change-of-address details to: Cruikshank, Patrick J McGonagle, Aisling Meehan, IT Section, Blackhall Place, Dublin 7, or to: [email protected] Heather Murphy, Ken Murphy, Andrew Sheridan Law Society Gazette | gazette.ie CONTENTS June 2017 3

30 44 56

REGULARS IN-HOUSE CONTENT Content of interest to 4 The big picture 23 Comment 60 Books in-house and public sector Standout photo of the month 23 Letters Farming and the Law; Contract solicitors in this month’s 24 Viewpoint: Will English Law in Ireland (eighth edition); Gazette: slide into irrelevance as a and The Modern Family: 30 Setting up and managing 6 News the in-house legal function 6 Nationwide result of Brexit? Relationships and the Law was the topic at the annual 7 Representation 26 Viewpoint: Robot lawyers Panel Discussion for In- house Practitioners 8 News in brief – a plausible future? 62 Briefing 11 Social news 62 Council report: 7 April 63 Practice notes 28 Analysis 13 People 28 News in depth: Global 64 Regulation 72 firms eye up Dublin 66 Eurlegal: General Court 18 Profile 30 News in depth: The annuls commission Pat Gatling annual panel discussion merger decision for In-house Practitioners 21 Obituary 34 Human rights watch: 69 Professional John V Kelly Human rights concerns notices regarding direct provision facilities 72 Final verdict

No material from the Gazette may be published FSC independently certified wood and paper GET MORE AT or used without the permission of the copyright products used by the Law Society Gazette holder. The Law Society of Ireland can accept no come from ecologically managed forests. Visit: www.fsc.org www.lawsociety.ie responsibility for the accuracy of contributed articles Gazette readers can access back issues of the or statements appearing in this magazine, and any PEFC certifies that wood and paper products magazine as far back as Jan/Feb 1997, right views or opinions expressed are not necessarily those used by the Law Society Gazette are sourced of the Law Society’s Council, save where otherwise by suppliers from sustainable, managed up to the current issue at www.gazette.ie. indicated. No responsibility for loss or distress forests. Visit: www.pefc.org occasioned to any person acting or refraining from You can also check out: The Law Society Gazette is a full participating acting as a result of the material in this publication • Current news member of the Press Council of Ireland and can be accepted by the authors, contributors, editor M supports the Office of the Press Ombudsman. R • Forthcoming events, as well as the fully s e e or publishers. The editor reserves the right to make cy in This scheme, in addition to defending the cle Magaz interactive version of the Gazette and the publishing decisions on any advertisement or article freedom of the press, offers readers a quick, magazine’s indices submitted to this magazine, and to refuse publication fair and free method of dealing with com- • Employment opportunities plaints that they may have in relation to arti- or to edit any editorial material as seems appropriate cles that appear on our pages. To contact the • The latest CPD courses to him. Professional legal advice should always be Office of the Press Ombudsman go to: www. … as well as lots of other useful information sought in relation to any specific matter. pressombudsman.ie or www.presscouncil.ie. 4 June 2017 NEWS Law Society Gazette | gazette.ie

THE BIG PICTURE Law Society Gazette | gazette.ie NEWS June 2017 5 PIC: CARLOS BECERRA

CRASH AND BURN Venezuelan police are hit by a petrol bomb thrown by anti-government rioters during a protest on 8 May. Mainly middle and upper- class protesters oppose the government of President Nicolas Maduro, who narrowly won last year’s election; on the other side, government supporters see no viable alternative. A year after the death of former president Hugo Chávez, these six weeks of protest reveal a country still profoundly split over Chávez’s political project 6 June 2017 NEWS | NATIONWIDE Law Society Gazette | gazette.ie

COMPILED BY KEITH WALSH, PRINCIPAL OF KEITH WALSH SOLICITORS

CORK WICKLOW TURNING WATER WICKLOW WAY INTO WINE The Wicklow Solicitors’ Bar Asso- as the incoming president, which ciation held its annual AGM on 4 was approved by the committee SLA PRO Robert Baker tells May at the Glenview Hotel, Wick- members. Damien Conroy re- ‘Nationwide’ that Stephen Gahan low. Outgoing president Richard mains as honorary secretary, while of O’Doherty Gahan managed Joyce thanked the committee Finola Freehill becomes treasurer. the tax equivalent of turning members for all their hard work Barbara Lydon continues to be in water into wine recently when and proposed Catriona Murray charge of CPD events. he delivered an interesting and engaging lecture on the VAT spe- DUBLIN cial condition in the Law Society contract for sale. The lecture on 23 April was delivered to a LEG BEFORE WICKET packed room of practitioners in The DSBA’s Matthew Kenny is Matthew (matthew@osullivan- the Imperial Hotel, who enjoyed organising the John F Buckley kenny.ie or 086 823 3359). The Stephen’s refreshing approach to Memorial Cup Cricket Match Memorial Cup is named in hon- a subject that is often considered Stephen Gahan (right) with seminar on Friday 30 June at 5.30pm at our of DSBA past-president and overly complex. chair Kieran Moran (SLA) the Leinster Cricket Club, Rath- former Circuit Court Judge John mines. A Bar Select 11 will take F Buckley (late of Beauchamps) MUNSTER on a DSBA Select 11. Anyone who was a huge sporting enthu- interested in being part of the siast. All cricket fans (even SLA PULLING ON THE DSBA Select 11 should contact ones!) are welcome. MUNSTER JERSEY Michelle Nolan of Law Society the Children and Family Relation- STRAWBERRIES AND Skillnets tells ‘Nationwide’ about ships Act 2015, a litigation update, some Munster initiatives. The acting for the elderly, licensing, CREAM? third cluster of 2017, designed in new contract for sale and requi- The DSBA is holding its mixed entries is Tuesday 27 June (the collaboration with the Clare and sitions on title, a road traffic and doubles tennis tournament on 8 number of entries is limited, so Limerick bar associations, takes drink-driving offences update, July at Donnybrook Tennis Club, book early to avoid disappoint- place in the Strand Hotel in Lim- and a probate update. Already which is open to all members ment). Entry forms (plus cheques erick on Friday 16 June. Topics 100 colleagues have signed up. and member firms of the DSBA. payable to the DSBA) are to be to be discussed on the day will You can register by emailing The tournament will involve both submitted to Maura Smith, 1st include anti-money-laundering, [email protected]. competitive and social tennis, as Floor, DSBA, 54 Dawson Street, well as a barbecue afterwards. All Dublin 1. The organiser is Mat- DSBA member firms are invited thew Kenny, who can be contact- PROFESSIONAL to enter one or more mixed dou- ed at tel: 086 823 3359 or email: WELLBEING COMES bles pairings. The closing date for [email protected]. TO CORK A RIGHT PAGE-TURNER Back by popular demand, the include Walt Hampton (Summit The DSBA’s annual Mid-Summer book or tel 01 670 6089. ‘Professional wellbeing for a suc- Success), Seán Ó Tarpaigh (Crann Gala Dinner and Law Book of the DSBA president Áine Hynes cessful practice’ seminar will run Counselling) and Mary Jackson Year Awards will take place on Fri- thanks sponsors ByrneWallace, again in the Kingsley Hotel in Cork (LawCare). Delegates can claim day 23 June in the Conrad Hotel. Peter Fitzpatrick & Co, Law on 4 October. This highly interac- five hours of management and Celebrations will kick off with a Society Skillnet, and Webfactory tive event is led by Antoinette professional development skills champagne reception at 7.30pm. for their generosity. The nomi- Moriarty (Law School counsel- for attending this event. To regis- Dress code is black tie. Tickets: nated charity is the Solicitors’ ling manager), and speakers will ter, contact [email protected]. €80. Contact [email protected] to Benevolent Association. Law Society Gazette | gazette.ie NEWS | REPRESENTATION June 2017 7

NEWS FROM THE LAW SOCIETY’S COMMITTEES AND TASK FORCES

LITIGATION COMMITTEE CROSS-BORDER DEBT RECOVERY The European Account Preservation participating member states. Brit- Proofs debtor. While the debtor may Order (EAPO) procedure came ain and Denmark have opted out In order to succeed in an appli- not be aware of the application, in into effect on 18 January 2017, un- of the regulation, which means cation, a creditor must prove an order to ensure its effectiveness, der Regulation EU no 655/2014, that neither country is taking part urgent need of the court’s protec- the debtor may contest the order writes Riobard Pierse (Litigation in its adoption and neither country tion. It must be proved that there once it is granted. Committee). This is also reflected is bound or subject to its applica- is a real risk that the debtor will Article 22 provides that an in SI 645/2016 – the European tion. conceal or destroy their assets or EAPO issued in a member state Union (European Account Preserva- have them disposed of at an under- shall be recognised by the other tion Order) Regulations 2016. Credit institutions and accounts value. Once an EAPO is granted, member state, without any special The EAPO is a Mareva injunc- The regulation applies to accounts the bank must freeze the account procedure being enforced, and tion-type relief operating across held with credit institutions whose “without delay”. The court must shall be enforceable in the other the member states. The Rules of the business it is to take deposits or take a balanced approach before member state without the need for Superior Courts have been amend- other repayable funds from the granting the EAPO. The court a declaration of enforceability. ed, and order 42E has been intro- public. It applies to accounts held must consider the debtor’s previ- duced with effect from 15 May in the name of the debtor and in ous history, the relationship be- Information authority 2017 by the Rules of the Superior the name of a third party on be- tween the parties, and the nature Finally, the EAPO regime pro- Courts (European Account Preserva- half of the debtor. Obviously, the of the assets. Article 9 provides vides for an ‘information author- tion Order) 2017 (SI 156/2017). challenge for the creditor will be that the court shall deal with an ity’ in each member state tasked, to establish the existence of such application by means of a written where enforcement is sought in Purpose accounts. procedure, on the basis of infor- the state, among other things, with The aim of Regulation 655/2014 However, the regulation does mation and evidence provided by obtaining information necessary is to improve the efficiency of en- provide that, in order to overcome the creditor in or with the appli- to allow the bank or banks and the forcement of judgments within the practical difficulties in obtaining cation. debtor’s account or accounts to be EU regarding bank accounts and information about a debtor’s bank identified (article 14), and a com- debtors’ assets. account, there is a mechanism Security and notice petent authority in each member The regulation enables a allowing a creditor (who has In cases where an EAPO is sought state tasked where enforcement is claimant to make an application to already obtained judgment) to re- before judgment is obtained, the sought in that state, among other the courts of a member state where quest that the information needed court may require the creditor things, with the necessary steps it has obtained a judgment, or has to identify the debtor’s account be to provide security as compensa- to have the EAPO enforced in commenced or intends to com- obtained by a court in the member tion for any damage caused to the accordance with national law (ar- mence proceedings for an EAPO, state in which the creditor believes debtor from the order (article 12). ticle 23). In Ireland, the informa- which would freeze moneys held the debtor holds an account, be- An application for an EAPO tion authority is the Minister for by a debtor in bank accounts in all fore an EAPO issues. is made without notice to the Justice.

The Construction of Wills, Information & Communications Second Edition Technology Law in Ireland By Dr Albert Keating By Rónán Kennedy and Maria Helen Murphy The Construction of Information and Wills, Second Edition, Communications Technology Summer Publications 2017 is a fully updated Law in Ireland is an up-to- comprehensive, practical date textbook dealing with Clarus Press Ltd, Griffith Campus, analyses of the principles a range of IT law issues. South Circular Road, Dublin 8 and rules in relation to the This book is designed to be construction of wills. accessible and is written in a For more information visit practical style. www.claruspress.ie ISBN: 978-1-905536-97-9 ISBN : 978-1-905536-96-2 Format: Hardback Format: Paperback E-mail: [email protected] Price: €199 Price: €60 Telephone: 01 415 0439 8 June 2017 NEWS | BRIEFS Law Society Gazette | gazette.ie

THERE’S SOMETHING ABOUT MARY! COX LAW The Gazette welcomes a new the Irish Daily Star and Irish Daily FIRM OF journalist to its team – Mary Hal- Star Sunday. lissey. Mary’s chief responsibility She will bring all of her jour- THE YEAR is as journalist on the Gazette’s nalistic, editing and digital skills new microsite, which is currently to the Gazette’s microsite, with in development and is expected the aim of developing it so that to launch in July. it becomes the industry leader The microsite will publish a for daily legal news. daily legal news service, as well This marks an exciting new as regular video and podcast chapter in the development of content. the Law Society Gazette. We Mary joins us from the Sun- wish Mary well in her new role. day Business Post, where she was a digital journalist. She pre- viously worked as assistant chief ON THE subeditor with the Sunday Inde- pendent and as subeditor with Mary Hallissey MOVE TO THE INTERNATIONAL BENCH Rachel Hussey and Kathleen Garrett PROTECTION Solicitor Eileen Creedon and (Arthur Cox) receiving the Chambers Europe Award Charles Meenan SC have been CORRECTION appointed to the High Court. Arthur Cox has won the Ireland In the introduction to the article was based thereon, whereas the The vacancies follow the re- Law Firm of the Year 2017 award ‘Applications for international International Protection Act 2015 tirement in March of Mr Justice at the Chambers Europe Awards, protection’ by Hilkka Becker is the relevant legislation in force Raymond Fullam and the res- held in London on 7 April. (May Gazette, p32), there was a now. The Gazette is happy to clar- ignation in April of Mr Justice The awards honour the work reference to the Refugee Act 1996 ify that this error occurred during Colm MacEochaidh, who has of national and international law that seemed to imply that act is production and did not form part been appointed a judge of the firms across Europe, based on cli- still in force and that the analysis of the original article submitted. General Court of the EU. ent research and feedback, and Patrick Quinn SC has been reflect notable achievements over appointed to the Circuit Court the past 12 months. and solicitor Mary Dorgan to HOLOHAN TAKES the District Court following the THE CHAIR retirements of Judge Barry Hick- son and Judge William Hamill. PLANNING Bill Holohan, Cork solicitor and Meanwhile, barristers Marti- AHEAD member of the Society’s ADR na Baxter and Eoin Garavan will Committee, has been elected be appointed to the Circuit Court Following the enactment chair of the Irish branch of the later this year, following the im- of the Planning and Develop- Chartered Institute of Arbitrators pending retirements of Judge ment (Housing) and Residential for the coming year. John O’Hagan and Judge David Tenancies Act 2016 (profiled in The institute’s Irish branch Riordan. the May Gazette), a number of consists of more than 650 profes- Barrister Brian O’Shea will provisions have now been com- sionals and provides education be appointed this month to the menced (including section 40). and training for adjudicators, District Court following the Practitioners are advised to conciliators, arbitrators, media- retirement of Judge Aeneas monitor the relevant section of tors and adjudicators. It acts as McCarthy, while Judge Kather- the Irish Statute Book, where a global hub for those who pro- ine Hutton has been permanently future commencements, amend- mote, facilitate and develop ADR assigned to the Dublin Metropol- ments and statutory instruments methods. Bill Holohan itan District from 23 May. relating to the act will be found. Law Society Gazette | gazette.ie NEWS June 2017 9

CLUSTER EVENTS COMING TO A VENUE NEAR YOU The first Skillnet Cluster of 2017 Tralee, Co Kerry), took place in Laois on Friday 5 • 12 and 13 October – Con- May. Over 100 practitioners at- naught Solicitors’ Symposium tended. 2017 – Parts 1 and 2 (Breaffy Among the topics discussed House Hotel, Castlebar, Co were family and child law, com- Mayo), pany law, legal costs, civil litiga- • 20 October – North East CPD tion, cybersecurity, conveyanc- Day 2017 (Glencarn Hotel, Cas- ing and maximising fee income. tleblayney, Co Monaghan), In addition to the networking op- • 7 November – Law Society portunity, practitioners garnered Finuas Network – Practice and six hours of CPD. Regulation Symposium 2017 The Skillnet clusters series (Mansion House, Dublin), continued with a trip to the • 17 November – Practitioner Landmark Hotel in Carrick-on- Update 2017 (Kingsley Hotel, Shannon for a two-day event Speakers and organisers at the Carrick-on-Shannon cluster event included Cork), from 11 to 12 May. Designed in (front, l to r) Dara Robinson (Sheehan & Partners), Kieran Ryan (Leitrim Bar • 24 November – General Association), Stuart Gilhooly (president, Law Society), Michael Monahan (Sligo collaboration with the Leitrim, Practice Update 2017 (Hotel Bar Association) and Ken Murphy (director general, Law Society); (back, l to Longform, Roscommon and Sligo r) Lorcan Gearty (Longford Bar Association), Katherine Kane (Law Society Kilkenny, Kilkenny). bar associations, the topics dis- Skillnet), Mary Rose McNally (Roscommon Bar Association), Patricia McGovern cussed included wills and pro- (DFMG Solicitors, Dublin), Catherine O’Flaherty (Law Society), Darach McCarthy Law Society Skillnet thanks (Darach McCarthy & Co, Limerick), Margaret Finlay (Finlay and Company, Dublin) bate, conveyancing, road traffic the bar associations assisting and Justin Spain (Justin Spain Solicitors, Dublin) accidents, anti money launder- it. For more information, visit ing, defamation and family law. www.lawsociety.ie/Skillnetcluster (See additional photos from both or contact the team at skillnet events on page 17.) [email protected]. Bookings are now being tak- en for the following events: • 16 June – Essential Practitio- MOOC ner Update 2017 (Shannon Suite, Strand Hotel, Limerick) SUCCESS • 29 and 30 June – North West The Law Society’s ‘Employ- General Practice Update 2017 ment law in the digital era’ – Parts 1 and 2 (Solis Lough massive open online course Eske Castle, Donegal). Speakers and organisers at the Portlaoise Heritage Hotel on 5 May were (front, l to r) Katherine Kane (Law Society Skillnet), Eimear Dunne (secretary, Laois (MOOC) kicked off on 9 May. By day two, 2,806 participants Save the date Solicitors’ Association), Ashling Walsh (Ronan Daly Jermyn, Cork) and Catherine Ghent (Gallagher Shatter, Dublin); (back, l to r) Anne Marie Kelleher (president, had logged on, with that num- • 7 September – Essential Gen- Midlands Bar Association), Michelle Nolan (Law Society Skillnet), Keith Walsh ber growing with each passing eral Practice Update 2017 (Keith Walsh Solicitors, Dublin), James McElwee (president, Laois Solicitors’ day. The initial numbers have (Ballygarry House Hotel, Association) and Liam Fitzgerald (Liam R Fitzgerald Solicitors, Co Dublin) already surpassed the number who took part in last year’s data protection MOOC. PROTECTING DIGITAL PRIVACY The MOOC will run for The ever-expanding role of data Data Protection Commissioner. ligations in data processing flow- five weeks. Materials for week- in modern society will be scruti- The social, technical and ethical ing from the EU General Data Pro- ly modules are released every nised at this month’s Data Summit ramifications of ‘big data’ society tection Regulation, which came into Tuesday. Those who success- Dublin at the Convention Centre will be probed and, in particular, effect on 25 May. fully complete the weekly tasks on 15-16 June. the future of privacy and trust in Registration for the summit is and collect four ‘badges’ may The speakers will include an increasingly connected and open now, and discounts are avail- opt to obtain a certificate of Google’s ‘internet evangelist’ digitised world. able for students and the char- completion awarded by the Law Vint Cerf, as well US Homeland The event is CPD-accredited ity sector. See www.datasummit Society. To sign up, visit https:// Security officials and the Irish – and timely – given enhanced ob- dublin.ie/register. mooc2017.lawsociety.ie. 10 June 2017 NEWS Law Society Gazette | gazette.ie

BOLLYWOOD PUTS PEP IN SUPREME CALCUTTA RUN STEPS! COURT The Bollywood beat echoed RULES around Blackhall Place on 20 May, marking the start of this IN MIBI’S year’s Calcutta Run. Dance troupe Shamrock Bhangra added pep FAVOUR to the steps of the 1,150 runners who swarmed around the front of The State’s Insurance Compen- the iconic Law Society building sation Fund (ICF) may have to to take part in the fundraising 10k shoulder full liability for claims run and walk. against collapsed motor insurer Earlier in the day, 88 cyclists Setanta. set this year’s event in train by This dramatic development taking an 80k route through Co as the Gazette goes to press fol- Meath, returning to base through lows a surprise 5:2 Supreme the Phoenix Park. This was a new Court judgment overturning initiative that proved so successful the potential liability of the Mo- that it’s likely to become a regular tor Insurers’ Bureau of Ireland element of the annual fundraiser. all the family. Afternoon showers The Calcutta Run committee (MIBI). The Bollywood troupe failed to dampen spirits, with the extends its thanks to its gener- Maltese-registered Setanta announced the Calcutta Run’s new celebrations running well into the ous sponsors, including Bank of collapsed in 2014, leaving 1,750 partnership with The Hope Foun- evening. Ireland and DX Ireland, Fitzer’s claims of up to €90 million un- dation (which works in Calcutta), This year’s funding target Catering, the Panel, Pearl Group, paid. as well as the fundraiser’s contin- is €200k, which will be divided Kefron, the Dartry Health Club, The majority judgment on ued support for the Peter McVerry between the Peter McVerry ICON Health Club, the Institute 25 May found that the various Trust. Some brave members of the Trust and The Hope Founda- of Legal Cost Accountants, Be- agreements between MIBI and audience got into the Bollywood tion, which bring sorely-needed hans, Gwen Malone Stenography the Transport Minister did not groove, with the experts leading solace to the homeless in Dublin Services, Noonan, Glenpatrick, extend to insolvent insurers. the way. and the street children of Calcut- H&J Martin Asset Management Outstanding claims against At the end of the athletic pur- ta. To donate, click on the ‘iDo- Services, Synergy Security Solu- Setanta will now have to be met suits, all participants enjoyed a nate’ icon on the home page of tions, DBC Identity, Compass by the ICF, which previously cov- barbecue on the green, complete the Calcutta Run website at www. Group, Thornton’s Recycling and ered the disintegration of firms with music and entertainment for calcuttarun.com. Select Hotels of Ireland. such as Quinn Insurance and PMPA. The case was brought by the Law Society at the request MASTERING THE MEDIA of the Accountants Office of More than 60 members gathered help their clients in everyday Andrea Gilligan, duty news the High Court in an attempt to in the packed-to-capacity Green life, and actively champion the editor at Newstalk, delivered a ascertain whether MIBI was, in Hall Lecture Theatre on 18 May solicitors’ profession in the fast-paced afternoon presenta- fact, liable. to take part in the annual Com- media. All members were invit- tion, focusing on insights from As a result of the Supreme munications Day event, ‘Master ed to register for the free CPD a working newsroom, including Court judgment, claims will be the Media’. event through an article in the editorial decision-making, the capped at 65%. However, Mr Communications Day, an April 2017 eZine. ‘news test’, connecting with Justice Donal O’Donnell stated initiative of the Public Rela- Carr Communications’ Sinead journalists on social media, and that there was a “strong and per- tions Committee and organ- O’Donnell and Johnny Fallon examples of the legal topics that haps unanswerable case in equi- ised by the Law Society’s press delivered a bespoke ‘Master newsrooms are always interest- ty” for full claims recovery to be office team, is a media training the Media’ presentation, giving ed in covering. met by the State. opportunity for Law Society the members in attendance “the The presentations, photos The Law Society is assess- members. It is designed to power to communicate, to con- from the day and other materials ing the judgment and will advise empower practitioners to tell vince, to combat, to compete, to are available on the Law Society practitioners of its analysis as the story of how solicitors collaborate, and to connect”. website. soon as possible. Law Society Gazette | gazette.ie NEWS | SOCIAL June 2017 11

JUDGE MCMAHON HONOURED AT KERRY BANQUET PIC: EAMONN KEOGH

Pictured are (front, l to r) Padraig Burke (county registrar), Terence Casey (coroner), Pat F O’Connor (chairman, KBA), Dr Bryan McMahon, Mary McMahon, Pat Sheehan (treasurer, KBA) and Judge James O’Connor; (second row, l to r) Una Glazier Farmer, Lorna Larkin, Jane O’Halloran, Maura O’Shea, Angela O’Connor, Michelle Buckley and Leonie Hussey O’Brien; (back, l to r) Michael O’Donoghue, Tim O’Leary, Emer O’Sullivan, Conor Myles, Sarah Quille, Liam Coghlan, Coman Larkin, Brian O’Connor, Micheál Munnelly, Cian Brady and Eoin Brosnan

The Killarney Bar Association Mr Justice McMahon (a life- and writer Bryan McMahon. ciation’s outgoing secretary, Jane (KBA) hosted a banquet in the long theatre fan) was chairman of The banquet also marked O’Halloran, who has moved to Killarney Plaza Hotel on 5 May the board of the Abbey Theatre the retirement of local solicitor Dublin. Tributes were paid to in honour of Mr Justice Bryan for 11 years and is, of course, a Maura O’Shea and the depar- both colleagues during a very en- McMahon and his wife Mary. The son of the celebrated playwright ture of the Killarney Bar Asso- joyable evening. retired High Court judge was also a professor and head of the law fac- ulty at UCC, and many of his for- mer students attended the banquet SITTING ON TOP OF THE WORLD and recounted amusing stories of Lawyerly skills were intensively their days in UCC. tested over four days of the A native of Listowel, his broth- Brown Mosten International Client er Gary was a former Kerry All- Competition at Kent University, Canterbury, in April 2017. Ireland-winning footballer who Neil Nolan (Ronan Daly holds the record for the fastest goal Jermyn) and Conor Cawley scored in an All-Ireland final. In (Gore & Grimes) won the contest his post-dinner address, Mr Jus- outright, competing against 19 other teams from all around the tice McMahon recited Bernard world. O’Donoghue’s poem Munster Final. The competition tests teams’ Bryan’s sporting connections abilities to deal with new clients, are not limited to the GAA – his played by actors, on both a personal and professional level. wife Mary is a sister of the North- The winning teammates paid ern Ireland soccer legend and cur- tribute to their mentors, Jane rent Republic of Ireland manager Moffatt and Robert Lowney Martin O’Neill. 12 June 2017 NEWS | SOCIAL Law Society Gazette | gazette.ie

ON THE MOVE NEW CROP OF PARTNERS AT MHC

Mason Hayes & Curran has and others joined MHC from announced the appointment industry or other international of six new partners in its or Irish firms. But each one dispute resolution, real estate, of them follows our approach technology, and financial services of collaborative and practical teams. The firm has 80 partners engagement with clients and the and 450 staff in their offices delivery of relevant and clear in Dublin, London, New York, legal advice that is informed by and San Francisco. These new deep experience of both the appointments reflect the firm’s legal issues and the sectors our continuing commitment to clients operate in.” making a valuable contribution to The firm has continued each client by giving commercial its expansion in 2017, with and strategically focused advice. additional staff in New York and The promotions also support the a new office in San Francisco increased demand in key sectors Quinn (dispute resolution), Commenting on the to support both local and and practices such as fintech, Mark Adair (technology), Nicola appointments, managing partner international clients. The firm commercial property and data Byrne (real estate), Barry Walsh Declan Black said: “I’m delighted also reported a rise in revenue privacy. (financial services), and Oisin to announce the appointment of of 7%, to €77 million in 2016, The partner appointments Tobin (technology, based in the our six new partners. Some have the 12th consecutive year of are Frank Flanagan and Elizabeth firm’s San Francisco office). spent their entire careers here, revenue growth. ALISON IS NOW REVEREND GALLAGHER When Alison Gallagher left wasn’t too sure what to make of the Law Society in 2011, a new it or how it would affect us long chapter in her life began. It led term. He knew it would probably her from the hustle and bustle mean leaving Dublin, but little of Blackhall Place to the serenity did we know that it would take of Moville, overlooking Lough us to Moville, not far from Derry Foyle in Donegal. In her Black- city where he grew up.” hall days, she was simply known Alison is now pastoring two as Alison to her work colleagues. churches in beautiful Inishowen. Now, she goes by the title ‘Rev The Methodist hall shared by Gallagher’. both congregations and used by Having clocked over ten years the wider local community is in a in the Law School alongside Jane poor state. “We need to demolish Moffatt and Maura Butler, she and build a new fit-for-purpose felt a calling to Methodist minis- Rev Gallagher outside the old church hall in Moville, Co Donegal hall.” try. Following five years of study To raise much-needed funds and training, she was ordained involved in the client counselling experience for me. I got to know for the rebuilding, the Method- as a minister in the Methodist and negotiations competitions.” some of the students personally ist churches in Inishowen have Church in Ireland in June 2016. In 2006, Alison took over the and was blessed to be able to trav- organised a series of fundrais- “I have great memories of running of these competitions el to some beautiful and interest- ing events. Leading by example, working in the Law Society. I and, over the next five years, led ing cities.” Alison will run the Walled City enjoyed the staff and students, the teams to London, Chicago, Hong In 2010, after becoming a Marathon in Derry on 4 June. If variety of my job, and had great Kong, Las Vegas and Maastricht. local preacher, Alison asked her you would like to support Alison fun for several years organising “Working with the students and husband Ronan what he thought and donate towards the new hall, the children’s and staff Christmas coaching the teams for the in- of the idea of her training for visit www.altruism.ie and search parties. I especially enjoyed being ternational finals was a fantastic the ministry. “I think at first he for ‘Methodist Hall Moville’. Law Society Gazette | gazette.ie PEOPLE June 2017 13

WICKLOW DEBATES THE HOT TOPICS

At a presentation by Law Society representatives to the Wicklow Solicitors’ Bar Association were (front, l to r): Bernadette Goff, Ken Murphy (director general), Stuart Gilhooly (Law Society president), Catriona Murray (president, WSBA), Damien Conroy (honorary secretary, WSBA), Barbara Lydon (committee member) and Richard Joyce (immediate past-president, WSBA); (middle, l to r) Paddy McNeice, Gus Cullen, Patrick Jones, Maureen Bullock, Michael Moran, Rosemary Gantly, Patrick Egan, Donal O’Sullivan, David Tarrant, Brian Robinson and Valerie Markey; (back, l to r) Joe Maguire, David O’Brien, Maria Byrne, David Lavelle, Rosemary Gantly, Eilish Bradshaw and Ian Bracken MIDLANDS MEETING OF MINDS

Pictured at the AGM of the Midland Bar Association on 29 March were (from l to r): Edward Tynan (outgoing MBA president), Stuart Gilhooly (Law Society president), Ann-Marie Kelleher (incoming MBA president), Ken Murphy (director general), Michael Byrne (then president MBA) and Aisling Penrose (outgoing secretary). The new MBA committee members are Ann-Marie Kelleher (president), Denise Biggins (secretary), Brian O’Meara (assistant secretary) and Marc Bairead (treasurer). 14 June 2017 PEOPLE Law Society Gazette | gazette.ie

RUNNING DOWN A DREAM ALL PICS: PETER HOULIHAN/PHOTOCALL IRELAND

Limbering up before the off at the Calcutta Run Three generations: retired Judge Mary Collins, her On yer bike! Philomena Whyte (Law Society) with granddaughter eight-year-old Amy Dillon O’Neill, her six-year-old daughter Kate and her daughter Nicole Dillon (solicitor) Law Society Gazette | gazette.ie PEOPLE June 2017 15

Let Gilhooly win! Law Society president Stuart Gilhooly leads out the 80 cyclists who took part in the first ever Cycle Sportive at the Calcutta Run

Five-year-old Eva Rooney with her three-year-old sister Méabh from Dunboyne Anne Guerin and Fiona Hanna (both from Belfast)

A total of 1,400 legal professionals took part in the Calcutta Run on 20 May 2017 Shane Collins from A&L Goodbody (who took 2nd place in the 10k) congratulates to raise funds for the Peter McVerry Trust and The Hope Foundation. Their target winner Louis McCarthy (Mason, Hayes & Curran) at the end of their Calcutta Run ths year is €200,000. Since 1998, the event has raised over €3.3 million 16 June 2017 PEOPLE Law Society Gazette | gazette.ie

IN THE WINNERS’ ENCLOSURE AT THE IRISH LAW AWARDS

Catherine McGary and Michelle Ní Longáin of ByrneWallace accept the ‘Excellence in client service’ award from Charles Blandford of the Financial Times (sponsor)

Mr Justice Ronan Keane receives the ‘Lifetime achievement’ award from Julie Brennan (managing director, Institute of Legal Research and Standards, sponsor)

Anthony Fay of Anthony Fay & Co is Keith Walsh receives the ‘Family law presented with the ‘Sole practitioner/ team/lawyer of the year’ award from sole principal of the year’ award by Miriam O’Callaghan (MC). Keith is chair Catherine Moroney (head of business of the Society’s Family and Child Law banking, AIB Private Banking, sponsor) Committee

Richard Martin (right) receives the ‘Law firm of the year’ award on behalf of Ronan Rory O’Boyle and Freda Grealy of the Law Society’s Diploma Centre receive the Daly Jermyn from David McLaughlan (head of AIB Private Banking, sponsor) at ‘Service provider to the legal profession’ award from Tracey Carney (Ashville the sixth annual AIB Private Banking Irish Law Awards on 12 May Media, sponsor) Law Society Gazette | gazette.ie PEOPLE June 2017 17

CLUSTERS DRAW LARGE CROWDS

This selection of speakers and attendees from the Skillnet Cluster events in Laois on 5 May, and Carrick-on-Shannon on 11 and 12 May, gives a sense of the popularity of these CPD activities. Over 100 practitioners attended the ‘Midlands General Practice Update’, while 170 visited the Leitrim event (see news, p9) 18 June 2017 PEOPLE | PROFILE Law Society Gazette | gazette.ie

MISSISSIPPI BURNING

Patricia Gatling is running to be the next Brooklyn (King’s County) district attorney. She spoke with Sorcha Corcoran about growing up in a racially divided America, her legal career, and policing the police

SORCHA CORCORAN IS A FREELANCE JOURNALIST

hen Patricia Gatling talks picked cotton could now pick legislators.” and a BA in international studies from Johns about childhood memories of Other experiences during that period stuck Hopkins University in Maryland. She also growing up in Mississippi dur- in Gatling’s mind and influenced her later in attended the New York University in Paris. ing the civil rights movement, life. Although schools were supposed to have it’s easy to understand why she was so driven to been integrated since 1950, this wasn’t the Corruption cases pursueW a career focused on fighting for justice. case in Kosciusko, Mississippi, where Gatling’s The early part of Gatling’s career was mainly Currently running to be the next Brooklyn mother wanted to register her to start third focused on prosecution. As special assistant (King’s County) district attorney, Gatling grade. attorney general at the Office of the New York chaired and managed the Human Rights The white school in the area wouldn’t State Attorney General from 1987 to 1990, she Commission in New York for 13 years and has register the seven-year-old. Her mother prosecuted corruption cases involving public been both a prosecutor and a civil rights lawyer. travelled 90 miles north, to Jackson, to get officials, police officers and corrections cases. She is a practising attorney at law firm Windels a court order to allow her to attend. When She specialised in the prosecution of police Marx in New York. that didn’t work, she contacted her husband’s brutality and death-in-custody cases. An active participant in community army general in Maryland, who flew down and “I never intended being a civil rights outreach programmes, Gatling is a widely threatened to “wreak havoc” unless the school lawyer. I thought I could do more as a criminal respected speaker and was the executive registered her. prosecutor because I was defending the producer of the documentary series Fighting “Once I started school there, my constitution and helping people to navigate the for Justice: New York Voices of the Civil Rights grandfather and uncles waited outside in a criminal justice system, which was particularly Movement. truck with shotguns for a month. None of the brutal for my community. As a prosecutor, I In 1964, when Gatling was seven years white children would ride on the school bus was colour blind and could assess the accused old, she and her mother went to live with her with me,” Gatling recalls. fairly,” she says. grandfather in Mississippi while her army On another occasion, Gatling asked “When Mayor Michael Bloomberg officer father was in Vietnam. Her grandfather her father if she could go to a theme park in appointed me as human rights commissioner was a cotton farmer but had never voted, even Maryland called ‘The Enchanted Forest’, for New York in 2002, I had to rethink my though he had owned the land and paid taxes which was five miles from his military base. philosophy. I had to walk in the shoes of the 17 for 50 years. When the family arrived, it wasn’t integrated protected classes of people and their problems. That summer, under the leadership of and they were refused admission. Once again, “It was all about dignity, and that was civil rights activist Fannie Lou Hamer, the one of her father’s generals stepped in and said something I did understand because I had been Student Nonviolent Coordinating Committee the army would ban military personnel from discriminated against in my own life. The most organised voter registration drives all over the park if they didn’t let her in. important work we did at the commission the south. By the time of the election in the “When we went in, all the white folks left. during my time was around immigration and autumn, Gatling’s grandfather felt comfortable I didn’t know why. It was good to be naive. My disability access.” to vote. father insisted we go on every last ride on our Gatling left the commission because Mayor “My grandfather didn’t read that well and own in the park,” she says. Bloomberg’s term was up – not, as news reports he asked me to go with him to read the ballot As Gatling got older, she gained a greater claimed, because public advocate Letitia James paper and make sure he didn’t make a mistake,” understanding of what these childhood events got her fired. she says. meant, and decided that studying law was the “Commissioners serve at the pleasure “My mother cried because it was the first route to take to make a difference. of the mayor. When Mayor Bill de Blasio time he had voted. He felt for the first time in She received her Juris Doctor degree from was elected, he asked me to stay until my his life that the country was his. Hands that the University of Maryland School of Law replacement could take office,” Gatling notes. Law Society Gazette | gazette.ie PROFILE | PROFILE June 2017 19 PIC: DAVID MURPHY

IT WAS THE FIRST TIME HE HAD VOTED. HE FELT FOR THE FIRST TIME IN HIS LIFE THAT THE COUNTRY WAS HIS. HANDS THAT PICKED COTTON COULD NOW PICK LEGISLATORS

“I did as he requested and left the agency in “The culture of the police institution tends survived through bad US administrations. December 2014. The reports that the public to overtake people and an ‘us against them’ So, with her wide and varied experience advocate had me fired were untrue. In fact, attitude is the result – police officers can feel behind her, what would Gatling bring to she never asked that I be fired. It was poor, underappreciated and underpaid. It becomes the role of DA if she were successful? “I am unethical, inaccurate reporting.” more about protecting their institution as running to restore legitimacy to the criminal police, than protecting the public.” justice system. Legitimacy is fairness, integrity, Policing the police If something untoward has happened transparency and equity. I would have an office Around the same time as taking up the human within the ranks of any country’s police force, with integrity as its hallmark, promoting equal rights commissioner role, Gatling also worked Gatling believes there has to be an immediate access to fairness and justice. I see the role of as a senior trainer with John Jay College of response and visible consequences. “The same DA as that of securing safety and security for Criminal Justice, teaching on the topic of problems exist everywhere in policing, in our citizens, while minimising human collateral ‘Human rights, human dignity and the law’. terms of lack of accountability, responsiveness damage – which is a fine line,” she says. She delivered the course to members of the and transparency. You have to have strict “My responsibility as DA would be to police forces of Botswana, Thailand, Hungary, protocols and best practice. An internal review prevent crime, tackle recidivism and enforce Dubai and the United Arab Emirates. never works – objective outsiders need to go in the laws justly. I would be innovative and When asked about her views on policing and force the institution to open up its books collaborate with all stakeholders – police, law in general around the world, she had this to and records to be reviewed.” enforcement agencies, the community and say: “I think police are all the same everywhere. Gatling was in Ireland to speak at the business owners. If I take office, Brooklyn will They start out with the mentality of wanting Burren Law School on 29 April. The key be a model of justice for the country! to be of service and seeing the job as a way to message in her speech was the connection “I believe in the law, I believe in the help people. between the great political divide in the US constitution as a living, growing document, “With time, they can tend to forget they currently and the American Civil War. She and I believe in our systems. That being said, it are there to protect people, not necessarily also talked about her perspective as a black doesn’t mean we don’t have to fight for them to enforce the law and exact a punishment. woman and how her community has lived and be the way they should be.” INTERESTED IN QUALIFYING AS A U.S. ATTORNEY? MEET YOUR BARBRI CLASSROOM FACILITATOR IN DUBLIN Gordon Wade is the head of KPMG Ireland’s team of data protection lawyers. He’s also a Dublin facilitator for the BARBRI International Bar Exam Preparation Classroom Lecture course. Find out how he passed the New York Bar Exam on his first attempt, landed a prime role on a top global firm’s international arbitration team — and is now here to help you.

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©BARBRI | 035-17 Law Society Gazette | gazette.ie OBITUARY June 2017 21

JOHN V (SEÁN) KELLY 1928 – 2017

he news of the passing the respect of District, Circuit of Seán Kelly evoked and High Court judges alike. He many memories. Seán retired from practice in 2003. qualified as a solicitor As former county coroner in June 1951. Due to the poor (a position he held for 26 years), economicT circumstances that Seán’s genuine sympathy for prevailed in Ireland at the time, bereaved families was a great he emigrated to New York with comfort to them, often in very a friend in February 1954. He tragic circumstances. He strove moved to Toronto two years to soften the blunt descriptions later, returning to New York of the ‘where, when and how’ in September 1956, where he required of his office. worked in the legal department His very active involvement of an insurance company. Seán in several charities led to many handled claims from all over marvelling at how he found the the US, gaining experience that time to run his extensive legal would prove invaluable on his practice. Indeed, the people of eventual return to Ireland. Cavan acknowledged his Trojan His intention had been to work for Rehab by proclaiming stay in the US for a relatively him ‘Man of the Year’ in 1988. short period. He married Patricia Smith in 1956 and they His selfless work for St Vincent de Paul was recently acknowl- had their first son Paul the following year. Returning to Ireland edged by Pope Francis. In addition, he helped establish and run in September 1958, Sean’s desire had been to become an St Christopher’s Hospice in Cavan. He continued his participa- assistant solicitor in Dublin. He soon realised, however, that the tion and work in fund-raising for the organisation up to 2014, economic situation had not changed since his departure four and was the mainstay of its annual fund-raising drive. years earlier. Seán’s life was marred by the untimely death of his beloved Realising that his only real option was to set up on his own, wife Patsy in 1991. Because of his very strong faith, he managed he established his firm John V Kelly & Co, Solicitors, at the to cope with this great loss, continuing to practise and work back of the then General Accident Insurance office in Church with the same aptitude and discipline. Street, Cavan. His knowledge and grasp of legal matters, allied He enjoyed the solitude of his vegetable garden, and with his insurance experience garnered while in the US, soon delighted in pursuing a shot – whether ‘at flight’ or in the direc- won him new friends and valuable clients. tion of an elusive pheasant. Some 14 or 15 months later, he acquired the practice of Seán is survived by his eight children, three of whom fol- Reid & Faris, Solicitors, and continued to grow his firm. He lowed him into law, including Paul (Cavan), John (Dublin) and was favoured with instructions on his own merit and, because his grandson Shane, who practises in his former firm in Cavan. of his ability in litigation, from most of the national insurance On behalf of the County Cavan Solicitors’ Association, companies. His firm was the conveyancer of choice for banks we offer our sincere sympathy to Seán’s children – Paul, John, in the area. David, Colin, Susanne, Miriam, Helen and Yvonne – and the Seán maintained his practice with an abundance of energy, extended family to whom he was so close. patience, and a very strong work ethic, which was interlaced The advice and guidance obtained from him by family and with kindness and consideration. colleagues will be greatly missed. The following extract from During his working life, he took on many apprentices, in- Psalm 112 encapsulates his entire life: cluding retired Judge Tom Fitzpatrick, Judge Cormac Dunne, He is a light in the darkness for the upright: Helena Brady, Noel O’Gorman, Rita Martin and, of course, his He is generous, merciful and just. successor and son, Paul V Kelly. The good man takes pity and lends, As a solicitor, his attention to detail was renowned. His He conducts his affairs with honour. attitude was that all work should be done in one way only – properly. His cases were presented in a well-reasoned fashion Ar dheis Dé go raibh a anam dílis. before the courts, employing both skill and well-researched arguments that justifiably earned him an enviable reputation and DMcD TBOI_HalfPageAdvert_Database_91x123_AW.qxp_Layout 1 11/05/2016 19:35 Page 1

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Law society ad - maeve - feb '17.indd 1 21/02/2017 13:18 Law Society Gazette | gazette.ie COMMENT | LETTERS June 2017 23

IN THE DILIGENT PURSUIT OF JUSTICE From: Derville Rowland, director the Central Bank of Ireland, where his keen analytical Paul’s enthusiasm was of enforcement, Central Bank of a role to which he brought skill and unrelenting drive catching. He brought good Ireland his compelling joy for life and for fairness was at the core humour and quick wit to the refer to the obituary for Paul passion for the law. of his work. It was common office every day and enriched Hannon published in the On behalf of Paul’s course for Paul to go above the lives of those around mostI recent edition of the colleagues at the Central and beyond his role to assist him. Gazette. Bank, I want to sincerely echo colleagues and to mentor The Central Bank, and As highlighted in the the sentiments expressed by junior staff in their career the Enforcement Directorate obituary, Paul worked in the office of Philip Hannon development. in particular, was extremely diverse roles in his career, the Solicitors in the obituary. Paul More than this, however, fortunate to count Paul as a common thread of which was was a dedicated, diligent and Paul was a loyal and trusted colleague. the pursuit of justice. Most respected colleague. friend to many of his His loss has left an recently, Paul worked for the He frequently worked on colleagues. Whether engaging obvious void in the lives of Enforcement Directorate of novel and challenging cases, in a healthy debate on the his team, his directorate, pros and cons of Limerick and many other colleagues hurling, Munster rugby or throughout the Central Bank. PRAISE INDEED Irish football, organising a He is remembered every day. few social drinks after work My sincere condolences to LAW SOCIETY GAZETTE • Vol 111 No 4 From: Martina Firbank, senior Safe as houses Chairman of the board Cheque, mate? The implications of the new The Gazette speaks with The 2017 Mediation Bill planning and residential Philip O’Leary, the Legal will bring new obligations or fundraising for one of his his family and friends. May he tenancies legislation Aid Board’s chairman – and opportunities associate, McCann FitzGerald, many charitable endeavours, rest in peace. Sir John Rogerson’s Quay, Dublin 2 gaLAW SOCIETY ette€4.00 MAY 2017 ’d like to congratulate the ABOVE AND BEYOND IGazette team on what is a really great publication, as well MAY 2017 THE CALL OF DUTY as being a fantastic source of important information for the From: Mark McDermott, editor, to her contacting the Bank of Ire- profession. Since I moved into Law Society Gazette land, who passed on the message a role with the knowledge team TICKING ow kind is this? I wish to that the wallet had been found. at McCann FitzGerald, I have WINNER Law Society of Ireland TIME BOMB? express sincere thanks to The handover was completed in a new-found appreciation for Top tips for mitigating HBernie Rafferty (Whitney Moore Smithfield. firms’ cyber-risks information that is accessible, Solicitors) who found my wal- Bernie – you’re an angel in accurate, and concisely let after it had fallen out of my disguise! Whitney Moore – you’re communicated. highlights) really, really well. jacket while cycling (courtesy of lucky to have such a thoughtful It’s not easy to achieve, and Ed: Nice of you to say so, Martina. Dublin Bikes) along Merchant’s staff member who went above you do everything (content, You’re now at the top of our Quay. and beyond the call of duty on layout, headlines, emphasis, ‘favourite reader’ list! Bernie’s detective work led this occasion!

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law society.indd 1 18/01/2017 10:55 24 June 2017 COMMENT | VIEWPOINT Law Society Gazette | gazette.ie

LINGUA FRANCA

Jean-Claude Juncker recently claimed that the English language would slide into irrelevance as a result of Brexit. Raymond Friel argues that English will continue to be important – and that Ireland should plan to take advantage of emerging opportunities

PROF RAYMOND J FRIEL IS DIRECTOR OF THE INTERNATIONAL ECONOMIC AND COMMERCIAL LAW RESEARCH GROUP AT THE SCHOOL OF LAW, UNIVERSITY OF LIMERICK

’aimerais vraiment avoir continué system and practice. Language is important income from 7% to 0% – the EU views tax à développer ma capacité de par- for lawyers, and an environment within the competition as being harmful to the creation of ler en français après avoir quitté EU where English is diminished as a working a more integrated Europe. l’école” (“I would really like to language will have a profound effect on our Moreover, the EU is becoming an have continued to develop my ability to profession. increasingly hostile environment for non-EU “Jspeak in French after leaving school”). And it will not just be in terms of companies, particularly those from the US – And clearly the President of the EU language that the legal environment will the very companies that Ireland has sought Commission thinks so as well. In a show change rapidly in 2019. British judges will to attract with a low tax base that now looks of unrivalled hubris, Mr Juncker recently be vacating their positions on the EU courts, increasingly imperilled. Apple has been hit announced that English was sliding into taking with them the strong, vibrant influence with an €13 billion tax bill by the EU under irrelevance as a result of Brexit. It is of the common law in a predominantly state aid provisions. Google is under various symptomatic of the extent to which both sides civil law entity. Since accession in 1973, the investigations, as is Facebook, and the list in the Brexit negotiations have sunk that one common law influence, particularly in legal could go on. of the top officials of the EU believes that, as process, but also in legal principle, has greatly In fact, the primary battleground is a result of Brexit, English – the international benefitted the development of the EU legal no longer the tax treatment of non-EU language of the sea, science, aviation and trade system. With Ireland the only remaining corporations (which looks increasingly like – will become a footnote in history. common law jurisdiction, and with limited a lost battle), but the battle over data and And yet in a way, Juncker is absolutely judicial representation due to our size, we run information control and management. The correct, at least to the extent that he is referring the risk of becoming the EU equivalent of EU is clearly concerned about the dominance to the internal workings of the EU. With Louisiana. of these large US tech firms and is using a Britain’s departure, English will technically variety of devices to curtail their activities lose its status as an official language and, as a Integrated Europe within the EU, particularly in the context of matter of reality, it will move from being the Brexit and the recent presidential election what The Economist has recently described as native tongue of over 70 million people in in France have re-energised the EU towards the world’s most valuable resource: information the EU to a peripheral language of just over 4 closer integration and greater uniformity and data. What is disappointing is that the million. And with that, there is a danger that of approach across all areas, particularly in EU is not analysing exactly why there are no the EU will retreat behind an isolationist wall commercial matters. During his campaign, EU equivalents to the likes of Apple, Google, of protectionism, an undercurrent that has been French President Macron singled out Ireland’s Amazon, etc. evident for some time in enhanced commission tax regime as being incompatible with a So, a rather dismal outlook for the legal enforcement against non-EU companies in more integrated Europe. In the absence of profession: the virtual extinction of English general, but in particular US companies. Britain, how realistic is Irish resistance to tax as an institutional language of the EU, the For the legal profession, this will harmonisation? Macron, Juncker and others marginalisation of the common law in the EU present opportunities and threats. Like all believe that the EU must either move closer legal system, non-competitive national tax good lawyers, we have readied ourselves to together or risk sliding apart. Unlike the systems within the EU, and a protectionist provide the best advice for our clients on the US, where tax competition between states is trading policy that aims to exclude Britain as a consequences of Brexit – but we may not have considered integral to state rights – drive from reciprocal market for EU states and that targets taken the same care and attention to analyse Massachusetts to New Hampshire and watch the US multinationals upon which much of the impact Brexit is likely to have on our legal sales tax go from 8% to 0% and tax on wage our economic success is based. And all of this Law Society Gazette | gazette.ie COMMENT | VIEWPOINT June 2017 25 PIC: SHUTTERSTOCK/NUALAREDMOND

Je m'appelle Claude

THIS IS NOT DIVORCE; IT IS AGREEING A NEW FORM OF COHABITATION

in a context where the megaphone diplomacy of avoid the temptation to retreat within the from Britain and the US, should be one of our Brexit could result in Ireland being locked out EU. Now is the time to expand into Britain key legal specialist services. of one of the world’s largest economies. and secure a strong base in what will, for the There are huge opportunities for the legal foreseeable future, be our largest non-EU profession, provided we stop looking on Brexit Planning ahead market. This needs to be done now, before – as a ‘divorce’. A divorce is about terminating a But we could look at this from a different not after – the contours of Brexit become clear. relationship on the basis that each will go their perspective. Ireland will become the only As a nation, we should establish Ireland separate way in the future and have as little as significant English-speaking member of the as the EU leader in specialist legal areas, possible to do with each other. Brexit cannot EU in a world where that language is essentially in particular intellectual property (IP) and be that: Britain is the world’s fifth largest a universal language for trade and science. It information management. In IP, access to the economy, with a marketplace of 70 million will also be the only significant common law EU trademark system makes Ireland attractive that trades globally. This is not divorce; it is jurisdiction in the EU in a world where nearly to non-EU companies, particularly from the agreeing a new form of cohabitation. At the half of the G7 use that as their legal system. It US, given the shared language that drives so very least, we should seek to protect our trade is vital, therefore, that our profession should be much in modern branding. The implications link with Northern Ireland along lines similar able to navigate both these worlds, feeling as of Brexit on the Unified Patent Court, which is to that which the EEC made available to West comfortable in Paris and Frankfurt as they are not an EU institution but assumes membership Germany by way of a free-trade protocol with in London and New York. of it, are uncertain. But there is nothing to East Germany. To do this, we need to start planning now. prevent staking a claim now in IP management. In the uncertainty of Brexit, there is no Legal education and law schools need to change Further, Ireland is an ideal location for shortage of people ready and willing to offer and adapt to create the lawyers of tomorrow data storage and management and should advice. It has been said that advice may well be that can thrive in this new world. Language become a centre of excellence in data law and just a form of nostalgia, “so be careful whose skills and a strong understanding of global legal data-network effects, including competition advice you buy and be patient with those who perspectives must be integral to and privacy implications, which use a holistic supply it” … mais croyez-moi sur le problème de our programmes. multidisciplinary approach. Managing the EU la langue (…but believe me on the problem From the practitioner perspective, we should data of international businesses, particularly of language”). 26 June 2017 COMMENT | VIEWPOINT Law Society Gazette | gazette.ie

RISE OF THE MACHINES

Robots and artificial intelligence making lawyers obsolete may seem the stuff of science fiction, but it is now an increasingly plausible future. Matthew Holmes uploads his consciousness

MATTHEW HOLMES IS A DUBLIN-BASED BARRISTER

n Mega-City One, the dystopian home of their legal rights during interactions with hour, on average, to calculate this, and it can Judge Dredd, artificial intelligence (AI) the police. More worryingly for lawyers, it work on up to 20 different types of contract. and robots have made the vast major- was announced last year that an artificial in- In Canada, a start-up named Loom Ana- ity of the population unemployed. This telligence ‘chatbot’ lawyer (ominously called lytics plans to use artificial intelligence to build is the cause of most of the crime the learned DoNotPay) had overturned 160,000 parking a system that will automate legal research. IDredd J spends his time fighting. Once, this tickets in London and New York. It is success- It sorts case law and uses a combination of was purely the stuff of science fiction, but now ful in 64% of cases and has overturned some- legal analysis and machine-learning to provide it seems an increasingly plausible future. where in the region of $4m in fines. It works hard information on case law, win/loss rates, A high-profile 2013 study by Oxford by asking users a number of basic questions the ruling histories of judges, litigation trends University on the future of employment about their case in a simple text conversation over time, and much more. It is, again, easy found that 47% of the world’s jobs are set – and then gives what amounts to an advice on to imagine such platforms working with Irish to be displaced by 2034, and the UN has proofs on the fine. Its creator is working next contracts, analysing Irish case law, dealing with reported that two-thirds of jobs in the to program it to help users obtain compensa- discovery, or perhaps helping in drafting rou- developing world may be replaced by robots tion in flight-delay cases. tine contracts and wills. in the future. Good news, perhaps, for crimi- The program works well because the tests nal law practitioners – but worrying for in law in such instances are very clear and for- AI can do better everyone else! mulaic. It is easy to imagine such a program Artificial intelligences are also good at predict- being launched here in Ireland in similar ing patterns. One AI called ROSS has been Anything you can do road-traffic cases. For example, it would be a able to predict with 79% accuracy the out- Given that we spend more of our time deal- relatively simple matter for such a program to comes of nearly 600 human-rights cases before ing with genuine stupidity rather than artifi- check if a summons was issued on time, or if the European Court of Human Rights. This cial intelligence, this is not something many a fixed-charge penalty notice defence or other AI is based on IBM’s Watson AI and has re- lawyers here have thought about. But, unfor- technicalities arise. cently landed a position at New York law firm tunately, lawyers are not immune from being Artificial intelligence and algorithms Baker Hostetler, handling the firm’s bankrupt- made obsolete by advances in technology. are suited to legal work that is regarded as cy practice. It was referred to in the media as Robots who know more than Asimov’s ‘Three formulaic. One American commercial law- being “the first AI judge”. Laws of Robotics’ may be coming soon. Will yer has started a platform called LawGeex, There are also reports that, in China, the we soon see Skynet BL instructed by Arthur which reviews contracts. Using this platform, judiciary are tapping into the power of artifi- Cogs & Co or Cylon Eustace? Is there a risk users upload a contract and get a report that cial intelligence to build ‘smarter courts’. This human lawyers might be terminated? states which clauses are illegal, if any clauses allows for documents to be filed online, but In Canada, a free app called Legalswipe are missing, and if clauses might need to be Chinese experts have been quick to stress that has been launched that informs people of revised. It only takes the algorithm about an judges are not about to be replaced by robots. Law Society Gazette | gazette.ie COMMENT | VIEWPOINT June 2017 27 PIC: GETTY IMAGES

WHAT HAPPENS IF AN AI COMMITS A CRIMINAL OFFENCE? HOW WILL IT BE PUNISHED? WILL TURNING OFF AN AI BE TANTAMOUNT TO THE DEATH PENALTY?

Law schools in Canada and Harvard are other difficulties, which the courts may have anyone who has ever seen a lay litigant rep- preparing their students for a future where to resolve. resenting themselves after legal advice knows they will have to compete with robots. What rights will AI ‘beings’ have? Will an that there is plenty of scope for human error. Osgoode Hall Law School at Toronto’s York AI be permitted to own property in the same It is also hard to imagine the Termina- University offers a week-long course that way as companies can? If so, computerised tor providing clients with support during an gives students an overview of the new technol- stock traders may outstrip their human coun- emotional case. The human touch will never ogy – from artificial intelligence to automat- terparts and become very wealthy and power- be rivalled by a machine. Whether a robot will ing contract work (similar to that mentioned ful. What happens if an AI commits a criminal ever become adaptable or imaginative enough above), as well as due-diligence software that offence? How will it be punished? Will turn- to come up with a brand new legal argument is corporations can use to their advantage. It also ing off an AI be tantamount to the death pen- a matter of speculation at present. offers semester-long classes on legal technolo- alty? At the moment, all these questions are The likely result of AI is that litigation gies, such as automated document building purely theoretical, but they may need to be could become cheaper due to matters such and online dispute resolution. The dean of answered one day. as research and discovery being quickly con- Osgoode has predicted that buying a house ducted by robots. Routine and simple mat- will soon become something that is done over AI, AI, oh ters are likely to be taken over by computer an app rather than in a lawyer’s office. Law It will still be some time before lawyers hear programs, which would replace human law- schools in Ireland may soon follow suit. a robotic voice calling for extermination. AIs yers entirely. As a result, it is more likely to Of course, AI poses other, less tangible have the potential to be a very handy tool affect newer lawyers and trainees. Matters that risks to lawyers. The rise of self-driving cars when doing research, and may cut out much require imagination, creativity, or emotional may spell the end for the drink-driving spec- of the more tedious work. ability are much less likely to be taken over. ialist. Robot factory workers are much less There are some jobs that AIs may never Ultimately, the introduction of comput- likely to take a discrimination case against be able to do. It is hard to imagine C-3PO erised AI lawyer services could lead to a re- their employers, and if they get hurt on the representing someone in court, or Twiki ever duction in the amount of work available to job, they won’t make a personal injury claim. closing a case before a jury. The closest an AI lawyers, the amount of fees to be charged, and If AI programs become sufficiently ad- could come would be in providing advice on in the number of lawyers. Until then, lawyers vanced in terms of sentience, they may cause which arguments to advance in court – and will remain only human. 28 June 2017 ANALYSIS | NEWS IN DEPTH Law Society Gazette | gazette.ie PIC: SHUTTERSTOCK

GLOBAL FIRMS EYE UP DUBLIN

Given the lack of certainty about the impact of Brexit, no one knows for sure what the political and economic consequences of Britain’s decision will be. Ken Murphy attempts to separate rumour from reality

KEN MURPHY IS DIRECTOR GENERAL OF THE LAW SOCIETY

awyers, by our nature, crave certain- the EU will be. Theresa May doesn’t know. ‘Rumour’ – An unofficial interesting story ty. But there is no certainty concern- Angela Merkel doesn’t know. No one knows or piece of news that might be true or in- ing what the effects of Brexit will be. for sure. vented, and quickly spreads from person No one knows for sure what the out- But there is no shortage of wild specula- to person. come of the article 50 negotiations between tion and opinion, sometimes well informed ‘Reality’ – The state of things as they are, Lthe European Union and Britain will be. And but more often, not. There is an emerging rather than as they are imagined to be. no one knows for sure what the political and mini industry that might not unreasonably be (Cambridge English Dictionary) economic consequences – short, medium described as Brexit balderdash. and long term – of Britain’s decision to leave Given the lack of certainty on the ‘big picture’, it is hardly surprising that there is difficulty distinguishing rumour from reality in relation to one of the very small footnote issues that flows from the decision by a small FOCAL POINT majority of British voters on 23 June 2016 that they should bring more than 40 years of mem- BY THE NUMBERS bership of the EU to an end. Or, as the then DLA Piper in the Nordic regions, following a merger in prime minister David Cameron phrased it, to • DLA Piper is a global law firm with 80 offices May 2017 with Danish firm LETT. “take a leap into the dark”. in 30 countries, employing 4,036 lawyers. • It was the number one firm in global merger Pinsent Masons Footnote issue and acquisition deals by volume in 2016, • Pinsent Masons has 400 partners and over The very small footnote issue to which I according to MergerMarket’s league tables. 2,500 staff. refer is the phenomenon whereby, since 23 June • In 2014, DLA Piper had total revenues of • A total of 500 staff work at the firm’s interna- 2016 (although, in fact, the trickle began a few US$2.48 billion and was the third largest tional HQ in the City of London. weeks prior to that date), the Roll of Solicitors law firm in the US, measured by revenue. • The firm has 22 offices across Africa, Asia, in Ireland has experienced a tsunami of Eng- • The firm was named number one in the Europe and the Middle East. land and Wales solicitors taking out, as they are world for real estate, franchise, and sports • It specialises in five global sectors: financial perfectly entitled to do, an additional qualifi- and entertainment by International Who’s services, advanced manufacturing and tech- cation here. The number of Brexit-driven new Who in 2016. nology, energy, real estate and infrastructure. names on the Roll of Solicitors in Ireland now • In 2012, Senator George J Mitchell, chair- • Over the past ten years it has developed exceeds 1,100 – of whom approximately 220 man emeritus of DLA Piper and eminent a presence in major cities such as Beijing have taken out practising certificates. contributor to the peace process in this (2007), Singapore (2009), Paris (2012), How many of those 1,100 have since trav- country, was named Lifetime Achiever by Munich (2012), Istanbul (2013), Brussels elled to Ireland – other than for a brief vaca- The American Lawyer. (2015), Sydney (2015), Melbourne (2015), tion, or earlier this year to watch the English • There are 220 lawyers working in DLA Düsseldorf (2016) and Johannesburg (2016). rugby team being soundly defeated by Ireland Piper in Germany across offices in Cologne, • The firm has offices in eight British locations: in Dublin? As far as the Law Society has evi- Frankfurt, Hamburg and Munich. London, Aberdeen, Birmingham, Edinburgh, dence, the answer is ‘none’. Not one. • DLA Piper has 370 lawyers across five offices Falkland, Glasgow, Leeds and Manchester. All the evidence that the Society has is that these England and Wales solicitors, almost Law Society Gazette | gazette.ie ANALYSIS | NEWS IN DEPTH June 2017 29 PIC: SHUTTERSTOCK

THERE IS AN EMERGING MINI INDUSTRY THAT MIGHT NOT UNREASONABLY BE DESCRIBED AS BREXIT BALDERDASH

without exception, are staying where they 8 May 2017 on other Law Society business, and an existing Irish solicitor’s firm. Each pre- are. And where they are, in the overwhelming wrote in advance to the managing partners of ferred to create their own branch office in majority of cases, is either London or Brussels. both of the international law firms to introduce their own name, building the branch from They have come through the administra- ourselves and to ask whether they would be the ground up. Both said that they had done tive process of entering their names on the prepared to meet with us. They were. research on the Irish legal market, includ- Roll of Solicitors in Ireland, and even in some We called by appointment and had sepa- ing consulting extensively with their exist- cases have taken out practising certificates, rate meetings with senior leaders of both ing Irish and international clients. Both were for reasons that have absolutely nothing to do firms. The two firms are by no means identi- focused on commercial transaction work in with any intention to establish in this jurisdic- cal. DLA Piper is the larger and more global such vibrant fields of business activity in tion. The motivation of most is to maximise of the two. However, we were greeted with Ireland as financial services and information their status as practitioners in EU and com- warmth and courtesy in both of these major technology. They recognised that the mar- petition law matters, relating to such issues City of London offices. ket for commercial legal services in Ireland as right of audience in the European Court was mature, sophisticated and well-served by of Justice, and the entitlement of their clients Dublin branches Irish law firms that they respected and with to legal privilege in EU investigations, in the The leaders of both firms confirmed that which they had longstanding relationships. post-Brexit world. they were actively planning to open branch Nevertheless, they saw opportunities for their offices in Dublin. Both indicated that they had own firms. Rumours been contemplating such an initiative even in Neither would commit to any ultimate But what about the rumours of major interna- advance of the Brexit vote, although that ambitions in terms of size, although one, tional law firms establishing offices in Dublin? decision had moved the initiative up their perhaps somewhat casually, mentioned 50 Two names, Pinsent Masons LLP and DLA firms’ agendas. Both very openly disclosed solicitors. Nor did either commit on timing, Piper LLP, have been mentioned repeatedly in their similar strategy (which had been fol- although Pinsent Masons’ planning did seem the British legal press, and even in newspapers lowed when opening branch offices else- to us to be further advanced. in Ireland. where) of recruiting local solicitors. Only So, reality can replace rumour in relation Law Society President Stuart Gilhooly a relatively small number of lawyers from to these two particular firms’ intentions. The and I decided to take the initiative, rather outside the jurisdiction would transfer to the Law Society has no such information in rela- than wait passively, to seek to separate rumour branch office. tion to any other international law firm. But, from reality. We were due to be in London on Accordingly, neither planned to ‘acquire’ of course, there will always be rumours. 30 June 2017 ANALYSIS | NEWS IN DEPTH Law Society Gazette | gazette.ie

START ME UP!

A stellar cast of in-house counsel dealt with the topic of setting up and managing the in-house legal function at the annual panel discussion for in-house practitioners, held at Blackhall Place. Lorcan Roche reports

LORCAN ROCHE IS AN AWARD-WINNING JOURNALIST

ngoing commitment to the in- more relevant to this “vital sector”, he said. growing demand for our services is a testament house sector’s expanding needs Brian Connolly, chairman of the In-House to the value of the legal function.” was underlined by the president and Public Sector Committee, outlined how Richard O’Sullivan (general counsel, of the Law Society at a recent the functions of this ‘sleeping giant’ of the Global Shares Plc, and former head of legal seminar at Blackhall Place on 4 May. Stuart legal community had expanded: corporate affairs at the Health Information and Quality OGilhooly pointed out that in-house and public governance, risk management, public affairs, Authority) delivered a ten-point bulletin sector solicitors, combined, make up nearly employee matters, pension matters – these on ‘What he wished he had known before 20% of the profession. The Law Society has and other areas were now part of the in-house he moved from the private to the in-house become increasingly aware, not just of the solicitor’s daily brief. “We are increasingly sector’ (an article on this topic will follow in “explosion” in numbers, but of the breadth of being asked to be business managers. You can the July Gazette). the work being undertaken by the sector. Real either see it as a problem or an opportunity, O’Sullivan concluded with a ‘half tip, half efforts were being made to make the Society but it is important to understand that the plea’: “It is lonely out there as an in-house practitioner. I realised very quickly I didn’t

ALL PICS: CIAN REDMOND PHOTOGRAPHY have colleagues down the corridor. As in- house lawyers, we are not in competition. So remember to reach out for support and to stay in touch. And be open about taking cold calls from other lawyers.”

Networking solutions Una Butler, director of legal services at the Competition and Consumer Protection Commission agreed that the in-house role can be isolating, but said that the solution lay in networking. Butler, who previously worked for Philip Lee and McCann FitzGerald, believes the biggest difference between working in-house and out is the multifaceted nature of the role. But the upshot of this is that you can “carve out your own role”. She stressed the need to be able to “roll with the punches, and to be able to embrace change”. “Your clients are no longer at the end of the phone. They are walking by, they Robert Heron, Caroline Dee Brown, Mark Cockerill, Una Butler, Stuart Gilhooly (Law Society president), Brian Connolly (chairman, In-house and Public Sector Committee), Louise Campbell, Ronan Davy, Rachael are on the stairs, in the canteen – they are Hession, Richard O’Sullivan and Marlene Connolly everywhere. While this is a big change from Law Society Gazette | gazette.ie ANALYSIS | NEWS IN DEPTH June 2017 31

EMBRACE ALL ASPECTS OF CHANGE – EVEN DIMINISHED BUDGETS. OVER TEN YEARS, HER COMPANY HAD THREE CEOS, FIVE GENERAL COUNSELS, THREE OWNERS, ACQUIRED TWO SIGNIFICANT COMPANIES, AND CHANGED ITS NAME

private practice, the advantage is that you legal services providers – barristers and more heavily regulated market, he said that become much more attuned to the needs solicitors – to deliver services in a better way, this challenge is compounded by both a lack of the business and, hopefully, learn how to to offer more creative models, and to be more of harmonisation of many laws across the anticipate issues before they arise.” flexible around fees.” EU, and differences in interpretation and When attempting to build or expand Ronan Davy (director of legal and assistant enforcement of such laws. He gave specific a team, she urged practitioners “to think general counsel at Etsy, which he described examples of recent in-house employment carefully about what your goals are, carve as “eBay for handmade and vintage items”) law issues, for example, working from out time to plan the future of your team, explained that his organisation has 28 million home, gender-equal childcare leave policies, and be aware that the team will want and customers in almost every country in the and the rolling out of ‘dogs to work’. He will deserve certainty about their roles. She world, and offices in 11 different countries. asked the audience to imagine the various further advised: “Don’t be in private practice The biggest challenge is the fact that most interpretations and applications that might mode – always responding to the client. You of his company’s US-based business partners have to be countenanced across the EU in need to find time for planning.” are blissfully unaware of how complex the dealing with these topics. It is her belief that in-house solicitors legal landscape in Europe is. “Relative to the Davy added, however, that such multi- have wider responsibilities: “My very, very US, Europe is still very heavily regulated. jurisdictional issues also allowed him to strong opinion is that, as informed and Something that is easy to roll out in the US justify resources. These “so called problems”, experienced purchasers of legal services, we can become very complex in Europe.” he said, become “opportunities” – not just can be drivers of change by pushing external In addition to the EU being a much in terms of hiring in or out, or in terms of 32 June 2017 ANALYSIS | NEWS IN DEPTH Law Society Gazette | gazette.ie

QUESTIONS AND ANSWERS

As in-house counsel, how do you try Mainly by establishing contacts It’s an emerging trend. With more to understand what the business and reaching out to colleagues for technology, production can be increased does,Q in order to help pre-empt issues? networking.A Awithout increasing head count. It also frees us The legal department should take up to do other things, so should be embraced. over compliance and risk. Try to How can lawyers improve their Richard Susskind has written a book, The watchA what is happening with complaints. management skills? Future of the Professions. He predicts that Keep an error log. Hold risk meetings. QManaging a team in an organisation artificial intelligence will replace repetitive The risks register should include legal is about recognising different jobs. Jobs that are complex but repetitively risks. This all feeds in so you start seeing personalities.A You must adapt your done will be taken over by computers. patterns and trends developing. You can style and the type of legal advice to the then spot if there are a worrying number needs of the organisation, and to deliver What are the best networking of risks, or strange risks, and what is advice in a way that resonates with opportunities for in-house practitioners? being done about them. Alarm bells those different personalities. Get enough QThe Society has a new LinkedIn group should ring if: information so that you can do your specifically for in-house solicitors. Details • There is a section of the business that research and give advice. On the ‘softer Aare included in each Gazette. Law Society claims to have no risk-and-compliance skills’ side, there’s a powerful tool called Professional Training and the In-house and issues and does not maintain a register, ‘Insights‘, which gives each staff member Public Sector Committee organise specific or a personality profile colour: red, yellow, events for in-house lawyers, around the • If they do have a register but the green and blue, which can help in inter- country. The committees’ section on the risks just sit on there and nothing is office dynamics of how you deal with Society’s website regularly provides guidance done about them. It’s about ‘horizon- them. Try to find a mentor/coach who will to queries received. Link in with the local bar scanning’ and drawing up a list of help you, and who you can emulate. The associations around the country and attend legislation that applies to you, for better you get at your profession, the the Law Society’s cluster events. These enable instance, the General Data Protection more quickly you’ll become a manager. in-house lawyers to meet up with their private Regulation, which will apply to all in- Look at other good managers who have practice colleagues. Public sector lawyers have house lawyers in one way or another. productive teams and don’t be afraid to their own forum, which is very helpful, through go to them. which they can attend events, network, Sharing precedents among in-house socialise, and meet colleagues. The committee Qcolleagues would be very useful, but Will lawyers be replaced by artificial regularly provides guidance to queries how can it be achieved? Qintelligence? received. Law Society Gazette | gazette.ie ANALYSIS | NEWS IN DEPTH June 2017 33

IT IS EXCITING TO ALLOW FEAR, TO STEP INTO THE UNKNOWN. DOING THE SAME THING YOU ALWAYS DO PRECLUDES THE POSSIBILITY OF CHANGE

budgets, but because the client begins to need She stressed the need to embrace what was advisor or consigliere to the Corleone family of your input, daily. inevitable – change. “Embrace all aspects of Godfather fame) as her screensaver – echoed He urged practitioners to be proactive change – even diminished budgets.” Connolly, O’Sullivan’s point about not becoming a in terms of fostering and maintaining who knows more than most about the effects crutch. And she urged people to take risks, to relationships with key business partners. It and the demands of change, explained that, “allow in new energy and even a bit of fear”. was not enough to be part of virtual meetings over ten years, her company had three CEOs, She explained: “It is exciting to allow fear, or conference calls. There has to be serious five general counsel, three owners, acquired to step into the unknown. Doing the same commitment to one-to-one communication. two significant companies, and changed its thing you always do is not very exciting … He urged those present to explore the client’s name. She had learned the hard way not to try and precludes the possibility of change.” She needs, enhance communication, know the and be all things to all people. She had stepped stressed the need, however, to do all of the product, know the market, know the players into her own authority and her own expertise. above with “eyes wide open” – and without – and, slowly but surely, you enter into the She urged practitioners to be “diverse and compromising one iota on integrity. desired role of ‘trusted advisor’. open thinking” at all times, but especially when recruiting: “Be brave. Don’t recruit ‘onto’ Serenity prayer yourself. You don’t want all the same types Marlene Connolly (group counsel, of people. Use the process of hiring and of Forcepoint) aroused immediate interest change as an opportunity to gain vastly different by invoking the St Francis of Assisi prayer perspectives and outlooks … Don’t fill the same Get – ‘God, grant me the serenity to accept positions in the same old-fashioned way. Take the things I cannot change, the courage to risks, leave gaps, fill in spaces lower down, allow LinkedIn change the things I can, and the wisdom to things evolve and shift.” In-house and public-sector know the difference’. As a model of how to Gain overview, Marlene urged, in part by solicitors are invited to join and approach the role of the in-house solicitor, using technology: “Why speak to one sales participate in the Law Society’s and as a tool to use when facing into change, person when you can use technology to speak In-house LinkedIn Group, which Connolly said the prayer offered wonderful to 250?” can be accessed at www. possibilities, particularly the bit around Connolly – who admitted to having an lawsociety.ie/inhouselinkedin. ‘courage’. image of actor Robert Duvall (the trusted 34 June 2017 ANALYSIS | HUMAN RIGHTS Law Society Gazette | gazette.ie

DIRECT PROVISION: HOME AWAY FROM HOME?

As of February 2017, there are over 4,500 residents in direct provision facilities that were never intended to accommodate people for lengthy stays. Michelle Lynch outlines the human rights concerns

MICHELLE LYNCH IS POLICY DEVELOPMENT EXECUTIVE AT THE LAW SOCIETY

he International Protection Act 2015 existed in the late 1990s/early 2000s”, as stated 532), “the mere fact that ‘direct provision’ introduced a new single procedure by Minister Frances Fitzgerald in response to could have been placed on a legislative footing system to Ireland, in line with the a parliamentary question in September 2014. does not mean that this must happen”. rest of Europe, with the intention Direct provision has no statutory basis and of reducing the lengthy waiting times experi- was developed through a series of ministerial Overview of direct provision Tenced by international protection applicants. circulars and administrative arrangements. There are 32 direct provision centres across Such applicants include both refugees and However, as the High Court noted in a recent 16 counties, only seven of which are State those seeking subsidiary protection – that is, challenge on the legality of direct provision in owned. All are privately run, but monitored those who do not qualify as refugees but face CA and TA v Minister for Justice ([2014] IEHC by the RIA on an ongoing basis. This is in a real risk of suffering or serious harm if re- contrast to many European countries, where turned to their countries. An asylum seeker not-for-profit organisations operate the is a person who makes a claim for protection accommodation centres. from serious harm or persecution and seeks The accommodation varies, from hostels and recognition as a refugee under the terms of convents to mobile homes and chalets, with only the 1951 Convention and Protocol Relating to the three of the centres purpose-built for the accom- Status of Refugees. modation of asylum seekers. The majority of ac- In Ireland, the system of support given commodations are units that are essentially bed- to asylum seekers is known as ‘direct provi- rooms, with no separate private living space, and sion’ and is administered through a variety of a mixture of communal and private bathrooms as accommodation centres dispersed throughout well as some self-contained units, which are gen- the country. The Reception and Integration erally allocated to families. As of February 2017, Agency (RIA) is the division of the Depart- there are over 4,500 residents in direct provision, ment of Justice tasked with meeting the ma- with over 90 nationalities present. terial needs of asylum seekers by providing As the Irish Refugee Council has observed, accommodation, food, a weekly allowance, the dominant feature of all the accommodation and certain additional services under the di- is that it was never intended to accommodate rect provision system. people for lengthy stays. Initially, when estab- Direct provision has been in place since lished, residents were not intended to stay for 2000 and owes its origins “to the public policy longer than six months. As of February 2015, response to a major accommodation crisis that however, RIA statistics provided to the Work- Law Society Gazette | gazette.ie ANALYSIS | HUMAN RIGHTS June 2017 35 PIC: WIKIMEDIA COMMONS

Mosney: fun for all the family

THE SYSTEM OF DIRECT PROVISION HINDERS FAMILY LIFE AND PREVENTS ASYLUM SEEKERS FROM HAVING AUTONOMY OVER THEIR OWN LIVES

ing Group on the Protection Process) show complaints mechanism relating to standards of the outright ban on residents having guests in that 43% of residents had lived in direct provi- accommodation, meals, cleaning and facilities. private areas (bedrooms) of their homes. sion for more than five years, while the median Residents will be able to make complaints once Ireland is only one of two EU member duration from the date of initial application they have already raised an issue with the ac- states (the other being Lithuania) that explicitly for protection was 51 months. In AO v Refugee commodation manager and the RIA and are not prohibits employment during the asylum pro- Appeals Tribunal & ors ([2017] IECA 51), which satisfied with the outcome. Neither ombuds- cedure, regardless of the amount of time spent concerned a wait of ten years in the asylum sys- man will have authority to examine decisions in that procedure. International protection tem, Mr Justice Gerard Hogan expressed hope relating to any matters around asylum, citizen- applicants do not have a right to work before that the International Protection Act 2015 would ship and residency. a final determination of their application un- ensure that no further endemic delays would der section 9 of the Refugee Act (as amended) “blight the lives of those forced to wait indefi- Rights and entitlements and also due to Ireland’s decision not to opt nitely in our system of direct provision”. A weekly allowance of €19.10 (unchanged since into the Reception Conditions Directive (2003/9/ Residents can make a complaint to the 2000) is provided for adults and €15.60 for EC) and the Recast Reception Conditions Directive manager of the accommodation and to the children. Residents are not entitled to access (2013/33/EU), both of which include a limited RIA. Since 3 April 2017 – in light of the find- social welfare payments and cannot access so- right to work within a certain time period. ings in CA and TA that residents are entitled to cial housing or free third-level education. Resi- The Irish Human Rights and Equality an independent complaints process, as well as a dents must all comply with a set of house rules, Commission, in their 2014 Policy Statement on recommendation by the working group – the some of which were found unlawful in CA and the System of Direct Provision in Ireland, recom- remit of the Ombudsman and the Ombudsman TA. Rules found to be disproportionate and mended that Ireland should opt into the recast for Children have been extended to residents unlawful included the unannounced nature of directive to ensure a minimum standard of pro- in direct provision. room inspections, the requirement for residents vision for asylum seekers, including the right The ombudsmen will offer an independent to sign into their own home on a daily basis, and to seek work and access relevant social welfare PRDBA quarter pg.qxp_Layout 1 16/05/2017 13:02 Page 1

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Law Society Gazette | gazette.ie ANALYSIS | HUMAN RIGHTS June 2017 37

IRELAND IS ONLY ONE OF TWO EU MEMBER STATES THAT EXPLICITLY PROHIBITS EMPLOYMENT DURING THE ASYLUM PROCEDURE, REGARDLESS OF THE AMOUNT OF TIME SPENT IN THAT PROCEDURE

payments after a period of six to nine months. Responding to a parliamentary question in March 2015, Justice Minister Frances Fitzger- ald indicated that the asylum and immigration system could be undermined if asylum seekers were given the same access to employment as immigrants who follow proper procedures. The right to work for asylum seekers is cur- rently being appealed to the Supreme Court by a Burmese applicant who has spent over eight years in the asylum system awaiting a final deci- sion. The Court of Appeal in NHV v Minister for Justice ([2016] IECA 86) found in agreement with the High Court ([2015] IEHC 246) that, on account of the applicant’s status as an asylum seeker, he was unable to avail of the protection under article 40.3.1 of the Irish Constitution to work or earn a livelihood in the State. The 2011 report of the UN special rap- having to share a room with strangers, and with The working group (established in Octo- porteur on human rights and extreme poverty little or no autonomy over how they can raise ber 2014 to report to Government on the ex- observed how the system of direct provision their children. isting protection process and to recommend hinders family life and prevents asylum seekers Further, he has observed that Ireland may improvements to direct provision) made a num- from having autonomy over their own lives. potentially be in breach of article 8 of the Eu- ber of recommendations in their final report to In their fourth report on Ireland in 2013, ropean Convention on Human Rights, as it would improve the conditions of those living in direct the European Commission against Racism and be unreasonable to claim that the interference provision, including access to employment after Intolerance noted that residents of direct pro- to the right to family life is necessary and pro- nine months in the protection process. Notably, vision lack control over their lives, remarking portionate. they remarked that the single procedure intro- that the centres pose a risk of “causing harm to duced with the International Protection Act 2015 the mental health of the residents” and observ- More humane approach would have little benefit for a large number of ing that staff are not trained with the necessary The Irish Refugee Council has consistently existing residents in the system. To date, very intercultural skills. urged for a more humane approach, contend- few of the recommendations of the working There are heightened concerns around ing that the financial and human cost of direct group have been implemented. the effect on vulnerable people, particularly provision is too high and fails to meet Ireland’s children and young adults. The Irish Refugee international obligations towards those seeking International framework Council, in their 2012 report on children in international protection. A number of international treaty monitoring direct provision, noted that children are grow- The experience for many asylum seekers is bodies have expressed concerns over the impact ing up in “state-sanctioned poverty”, with par- one filled with lengthy delays and little or no of direct provision on international protection ents unable to care properly for them. autonomy over their lives. While the country applicants. The UN Committee on the Elimi- The special rapporteur on child protec- attempts to come to terms with the impact of nation of Racial Discrimination, in their con- tion, Geoffrey Shannon, has noted in that Ireland’s long history of institutionalisation, a cluding observations on Ireland in 2011, found regard that “significant child protection con- similar history appears to be emerging, albeit in that direct provision has a negative effect on the cerns exist” and that “practice in Ireland is a slightly different guise. As Ms Justice Cath- welfare of applicants on account of the consid- clearly questionable in terms of the dignity erine McGuinness previously predicted, asylum erable delays in processing applications, as well afforded to asylum seekers”. This involves seekers may, in the future, receive a govern- as poor living conditions, which can result in situations where children are growing up in ment apology for the damage done, particularly health and psychological problems. abnormal circumstances, such as lone parents to their children. 38 June 2017 COVER STORY Law Society Gazette | gazette.ie

Chain gang

Employers and the medical profession are fast realising that the use of fixed-term contracts doesn’t avoid claims for permanent employment. James Seymour makes a break for it

JAMES SEYMOUR IS A PARTNER AT BERWICK SOLICITORS, DUBLIN AND GALWAY Law Society Gazette | gazette.ie COVER STORY June 2017 39 PIC: REX FEATURES 40 June 2017 COVER STORY Law Society Gazette | gazette.ie

n examination, many four years can claim a contract of indefinite employers in these duration. challenging times believe AT A GLANCE Where the employee’s first contract that by placing their employees commenced prior to the passing of the 2003 n on fixed-term contracts and renewing them To qualify for a contract of act (before 14 July 2003), the aggregate year to year, they are limiting their liability if indefinite duration, an employee duration shall not exceed three years – they have to terminate their employment. An must have been employed on two section 9(1). Accordingly, where an employer example is the Health Service Executive in or more continuous fixed-term attempts to issue a further fixed-term their employment of medical professionals on contracts by his/her employer contract to an employee who meets the n a temporary basis, in the mistaken belief that, The aggregate duration of such criteria under either section 9(1) or 9(2) of by doing so, the HSE will limit the medical contracts should exceed four years the 2003 act, the fixed-term contract could n professional’s employment rights. However, The employee must pass the be deemed to be a contract of indefinite in my experience, the majority of cases taken objective justification test duration. n against the HSE by medical professionals Strict time limits apply The computation of ‘continuous service’ seeking a contract of indefinite duration is regulated by paragraphs 1 to 7 of the first succeed. schedule to the Minimum Notice and Terms In such circumstances, the implications employees. Certain similar protections had of Employment Act 1973, which provides of the Protection of Employees (Fixed-Term already been given to part-time employees that the service of an employee in his or her Work) Act 2003 must be realised. The duty under the Protection of Employees (Part-Time employment is deemed to be continuous (and often the blame!) falls to solicitors to Work) Act 2001. unless that service is terminated either by the advise clients as to the maximum duration of The most significant protection given employee’s dismissal, or his or her voluntarily such contracts. These types of claims arise to fixed-term employees by the 2003 act is leaving employment. regularly in the health sector, as the vast contained in section 9(2). It provides that Nor is the continuity broken by the majority of medical professionals are engaged where “a fixed-term employee is employed dismissal of an employee followed by his or initially using fixed-term contracts. by his or her employer on two or more her “immediate re-employment”. In Kenny continuous fixed-term contracts and the v Tegral Building Products Ltd (2006), the Man of constant sorrow date of the first such contract is subsequent Employment Appeals Tribunal ruled that The 2003 act came into force on 14 July to the date on which this act is passed, the ‘immediate’ was not to be read literally, and 2003. Its purpose was to give protection to aggregate duration of such contracts shall held that a break of 24 days did not affect the employees on fixed-term contracts and to not exceed four years”. In effect, this means claimant’s continuity of service. prevent such employees from being treated that an employee continuously employed on An employer can issue a further fixed- less favourably than comparable permanent fixed-term contracts for a period in excess of term contract, even where an employee qualifies under section 9(1) or 9(2) of the

PIC: SHUTTERSTOCK 2003 act, if the employer has an objective ground or grounds justifying such a renewal – section 9(4).

Just got paid Section 7 of the 2003 act, which provides for objective justification of less favourable treatment, states as follows: “A ground shall not be regarded as an objective ground for the purposes of any provision of this part, unless it is based on consideration other than the status of the employee concerned as a fixed-term employee, and the less favourable treatment which is involved for that employee (which treatment may include the renewal of the fixed-term employee’s contract for a further fixed term) is for the purpose of achieving a legitimate objective of the employer and such treatment is Law Society Gazette | gazette.ie COVER STORY June 2017 41

THE PROTECTION OF EMPLOYEES ACT AIMS TO GIVE PROTECTION TO EMPLOYEES ON FIXED-TERM CONTRACTS AND TO PREVENT THOSE EMPLOYEES FROM BEING TREATED LESS FAVOURABLY THAN COMPARABLE PERMANENT EMPLOYEES

appropriate and necessary for that purpose.” to show that objective justification does of factors must be assessed in making a This test for objective justification is not permit the treatment of claimants less determination on objective justification (28 derived from that developed by the ECJ in favourably solely on the grounds that the Workers v Courts Service [2007]). Case 170/84 Bilka Kaufhaus v Weber von Hartz avoidance of discrimination would involve (1984) in the context of sex equality. Some increased costs (Bilka Kaufhaus). Monetary The worker’s song guidance can therefore be gleaned for the considerations therefore, cannot, in Beyond these general guidelines, it is possible application of the law in this area. themselves, justify less favourable treatment. to identify what has not been permitted: First, it is important to note that case Third, case law has also shown that the • Cost, law has established that the burden of proof only justification that will be accepted by • Purely historical discrimination – that is, of showing objective justification is on the a court for a difference in the treatment of where the discrimination is historical and employer. Moreover, this burden of proof can fixed-term workers will involve the employer not relevant at the current time, only be satisfied by hard evidence. The ECJ putting forward some genuine objective • Compliance with legislation, and the Equality Tribunal have repeatedly grounds that are provable and are capable of • Industrial relations harmony (McGarr v affirmed that vague generalisations and being independently audited and backed up Department of Finance), unsubstantiated claims will not suffice. by solid evidence. • Claims not backed by solid evidence (Case Second, the ECJ has been quite clear Fourth, it would appear that the totality 171/88 Rinner Kuhn v FWW Spezial- +353 (0) 1 9629944

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Law 11 - a5.indd 1 29/03/2017 16:36 Law Society Gazette | gazette.ie COVER STORY June 2017 43

CASE LAW HAS ESTABLISHED THAT positions that are available within the employer’s business, and the employer THE BURDEN OF PROOF OF SHOWING is further prohibited from penalising an employee who invokes any rights under the OBJECTIVE JUSTIFICATION IS ON THE 2003 act. EMPLOYER Any employee wishing to invoke rights under the 2003 act must make a complaint to the Rights Commissioner (now via the Workplace Relations Commission) within six months of the date of the contravention Gebaudereinigung GmbH), and 2003 act requires the employer to inform to which the complaint relates, or the date • Different collective bargaining processes the employee in writing “of the objective of termination of the contract concerned. (Case C-127/92 Enderby v Frenchay Health condition determining the contract, whether The time limit can be extended in limited Authority). it is arriving at a specific date, completing a circumstances. specific task or the occurrence of a specific The 2003 act does not apply to And what has been permitted: event”. Such notification should occur at apprenticeship or vocational training-type • Legitimate employment policy (Bilka- the latest by the date of contract renewal. employment contracts; and trainee gardaí, Kaufhaus), The employer is also required to notify his/ trainee nurses, and members of the Defence • Labour market objectives, her fixed-term employee of any permanent Forces are also excluded. • Vocational training objectives, • Historical reasons that are still operative (28 Workers v Courts Service, Penneys v Mandate), • Incentivising promotion, LOOK IT UP • Public pay policies (28 Workers v Courts), • Payment that is due to a grading structure, and CASES: n McGarr v Department of Finance • The requirement of flexibility of workers. n 28 Workers v Courts Service [2007] 18 E 2003/036 ELR 212 n Penneys v Mandate [1997] ELR 218, While these factors have justified a difference in n Case 170/84 Bilka Kaufhaus v Weber [1998] ELR 94, [1999] ELR 89 treatment in particular cases, it is important to von Hartz [1984] ECR 1607 remember that each case is decided on its own n Case C-127/92 Enderby v Frenchay LEGISLATION: facts. The factors above can therefore be Health Authority [1993] ECR I-5535 n Protection of Employees (Part-Time of general guidance only. n Case 171/88 Rinner Kuhn v FWW Work) Act 2001 Spezial-Gebaudereinigung GmbH n Protection of Employees (Fixed-Term Workin’ for MCA [1989] ECR 2743 Work) Act 2003 It is simply not enough for an employer n Kenny v Tegral Building Products Ltd n Minimum Notice and Terms of to claim an objective ground for issuing [2006] ELR 309 Employment Act 1973 another fixed-term contract. Section 8 of the

Website: www.dppireland.ie Website: www.dppireland.ie NOTIFICATIONNOTIFICATION OF OF CHANGE CHANGE OFOF ADDRESSADDRESS From Tuesday 6 June 2017 the remaining sections of the Solicitors’ Division of the Office of Service of Documents - Judicial Review & Bail From Tuesday 6 June 2017 the remaining sections of the Solicitors’ Division of the Office of Service of Documents - Judicial Review & Bail the Director of Public Prosecutions will re-locate from 90 North King Street to the Office’s Applications: headquartersthe Director on of Infirmary Public Prosecutions Road. Therefore, will re-locatethe address from and 90 contact North details King Street for the to entire the Office’sOffice Applications: headquarters on Infirmary Road. Therefore, the address and contact details for the entire Office Please note that from Tuesday 6 June 2017, this address should of the DPP will be: Please note that from Tuesday 6 June 2017, this address should of the DPP will be: be used for the service of documents giving notice of judicial be used for the service of documents giving notice of judicial Office of the Director of Public Prosecutions Tel: 01 858 8500 review applications (including Article 40) and bail applications. Office of the Director of Public Prosecutions Tel: 01 858 8500 review applications (including Article 40) and bail applications. InfirmaryInfirmary Road Road Fax:Fax: 01 01 642 642 7406 7406 The dedicated fax number for Article 40 applications will remain Dublin 7. DX: 34 Dublin The dedicated fax number for Article 40 applications will remain Dublin 7. DX: 34 Dublin asas before:before: 01 858 8557.. 44 June 2017 SURVEY OF PROFESSION Law Society Gazette | gazette.ie

Challenge accepted

The results of the second Law Society survey of managing partners, conducted by Outsource, are in. David Rowe talks turkey

DAVID ROWE IS A DIRECTOR OF OUTSOURCE

rish law firms serve as accurate barometers of Fee income growth in 2016 remained impressive, albeit at economic performance. We have recently seen a slightly lower level than that shown in the 2015 survey. The conditions ranging from the economic boom, forecasts for 2017 are less optimistic, but still show growth. resulting in high levels of conveyancing and This growth in fee income has been eroded by increases in commercial activity, to the post ‘Celtic Tiger’ costs, notably salaries and property costs. crash, resulting in a very serious fall in fee income in firms Mergers, new partners, retirements, and acquisition are back of most sizes, particularly outside the largest ten firms. on the agenda, particularly in larger firms. While law firms have experienced growth varying from Larger firms are getting bigger, medium-sized firms are steady to strong, depending on location and also growing, while the bulk of the type of firm, volatility has re-emerged at profession remains in the one-to-four the beginning of 2017 – most notably in solicitor firms (80% of firms), where the the shape of Brexit. The survey results, AT A GLANCE appetite to merge is lower. together with our observations from n The survey results indicate increased working with over 300 firms in 2016, caution in the coming 12 months The effect of Brexit indicate increased caution in the coming n A growth in fee income has been For the moment, the impact of Brexit has 12 months. eroded by increases in costs, been limited to a weakening of sterling notably salaries and property costs versus the euro and increased uncertainty. Key findings n The bulk of the profession remains It will be several years before the ultimate There is a sense of caution among in the one-to-four solicitor firms outcome will be known, but we are still practices in 2017, following five years of category (80% of firms) highly dependent on open trade with our recovery. n Almost 80% of firms believe their nearest neighbour.

We continue to have huge regional future lies in growing their current Not unlike political and economic PIC: GETTY IMAGES variations in financial performance, with entity. Only 9% see themselves as in commentators, our survey shows leaders Dublin practices having seen earlier the market to merge with a similar of Irish law firms are nervous but growth and continuing stronger financial firm uncertain on how Brexit will affect their performance. firms. The major threats identified were Law Society Gazette | gazette.ie SURVEY OF PROFESSION June 2017 45

SIZE MATTERS, WITH LARGER PRACTICES HAVING THE ABILITY TO SUPPLEMENT THE PARTNER RESOURCES WITH PROFESSIONAL ASSISTANCE PIC: GETTY IMAGES

Edgar began to regret his 'brown shoes, grey suit' decision 46 June 2017 SURVEY OF PROFESSION Law Society Gazette | gazette.ie

an adverse effect on the economy, resulting in reduced fee income, and the entry of British How do you expect your fee income to change over the next 12 months? and Northern Irish firms to the market. Few respondents (partly because the % of potential benefits will be open to only the respondents 27% largest firms) identified the positives, including 36% potential strategic alliances with British firms, and the possible relocation of some financial Increase 27% services to Dublin. by 10%+ Increase Financial performance/sentiment by 1-10% Of the firms surveyed, 63% expect further No change 7% improvement in 2017, a slight drop from the same result in 2016. Decrease 3% by 1-10%€ Connacht and Munster firms, in particular, Decrease by 10%+ and to a lesser extent Ulster firms, are showing expected fee income increases, with approximately a third experiencing increases of in fee income but from a more modest starting open to mergers than in Connacht and Ulster. 10% or more. Many of these firms are starting point. Firms with over four solicitors appear from a low base. Dublin firms of all sizes Future plans within the profession appear more open to mergers or acquisitions with predict more modest growth. Leinster firms to be largely one of organic growth. larger firms, which indicates the likelihood of predict an increase in fee income more in the Almost 80% of firms believe their future further consolidation within larger firms. range of 1% to 10%. lies in growing their current entity. Only 9% Dublin firms in particular are more The pick-up in fee income that the Dublin see themselves as in the market to merge with amenable to merging with another firm, market and some other large regional centres a similar firm, and a further 4% would like to bolting-on, or overhead sharing. In our saw first, has now spread out to the provinces, bolt on another firm to their existing practice. experience, much of the merger activity to date where firms are experiencing greater increases Firms in Leinster and Munster appear more (but not all) has been in the Dublin market. Expectations of organic growth – rather than by merging with other firms – is a surprising result, given the challenges involved in running a smaller practice and the FOCAL POINT opportunities that a larger practice gives in terms of covering the practice areas, sharing KEY DRIVERS OF COSTS of management responsibilities, and having REPLENISHING THE RANKS AND additional space in the coming months. This different contacts in different markets and in WAGE GROWTH is occurring in an environment where the different generations. The 2016 salary inflation of 1.8% across all cost of rent has risen by 98% in Dublin and sectors is likely to underestimate the actual 52% in Cork in between 2012 and 2016. In Barriers to growth experience of professional services and, the absence of supply, the trend is set to The top three reported barriers to growth in particular, legal firms. Competition for continue into 2017. identified by respondents provide a useful relatively scarce talent to match increased Oversupply in most other regional insight into what actions firms must consider activity is forcing firms to exceed the towns means the outlook for rent is more to ensure more sustainable margins and general trend, in addition to considering stable. continued growth. additional benefits. Urban centres in An interesting dynamic is likely to emerge, particular report a salary inflation of CORE SUPPORTS in that much of the work that is available in between 10-15% for the right talent. The survey confirms continued investment volume at the moment is very keenly priced, Salary inflation for support staff is in IT and marketing, core functions that and increasing costs of salaries and rents in more modest, varying from very little protect the sustainability and resilience of particular will potentially squeeze any profit change regionally to a 5% increase in firms into the future. Clearly the degree out of this work. Something has to give. Other larger towns and cities. of investment will depend on existing barriers identified are lack of funding, lack of systems, possible efficiencies gained, appropriate staff, and insufficient office space. OFFICE ACCOMMODATION and the market being pursued. We are Firms in Leinster are seeing far more A third of respondent firms report seeing firms investing in case-management pressure on overheads than in other regions, that they are likely to move or require systems and external marketing supports. with the greatest salary pressures and property costs, unsurprisingly, found in the capital. Law Society Gazette | gazette.ie SURVEY OF PROFESSION June 2017 47

EXPECTATIONS OF ORGANIC GROWTH – RATHER THAN BY MERGING WITH OTHER FIRMS – IS A SURPRISING RESULT, GIVEN THE CHALLENGES INVOLVED IN RUNNING A SMALLER PRACTICE AND THE OPPORTUNITIES THAT A LARGER PRACTICE GIVES

Overhead inflation is less pronounced in There is no doubt that managing a law survey indicates that male solicitors are Munster, and less again in Connacht and firm presents more challenges and absorbs more likely to be principals or partners and Ulster. We anticipate a more dramatic increase more chargeable time now than previously. working full-time. Female solicitors with for 2017 across the provinces, as the continued Size matters, with larger practices having the similar levels of experience are as likely to be growth erodes any spare capacity in these ability to supplement the partner resources part-time as full-time. This illustrates how firms. with professional assistance. employers have adapted their HR policies The greater cost increases have been seen Having stewarded their firms through to accommodate those seeking flexible in the larger firms of more than five solicitors: the recession, many partners are now working-time arrangements. 36% of such firms reported an increase of actively considering their own exit strategy. For smaller and, in particular, regionally 10% or more in overheads and a further 53% Many employed solicitors believe that based firms, succession planning can be reported less than 10% increase in overheads. the conditions have returned to allow very difficult. The depopulation of younger By contrast, in the firms with fewer than partnerships to be on the table. solicitors from many western seaboard five solicitors, 38% of respondents reported We see a reasonably high rate of and midlands counties to larger urban no increase in overheads in 2016. A quarter rejections of offers of equity partnership. centres leaves few buyers around. There is reported an increase in overheads of 10% or The main reasons for the increased caution no easy answer to this; advanced planning more. are concerns over work/life balance, how and keeping a practice healthy are the best financially attractive partnership is, and the advice. The challenge to manage risks associated with being a partner. There Our experience shows that the actions Managing partners and principals were asked is no doubt that some of these factors are a below are necessary to encourage good to identify the aspects of running a law firm residue from the recession, when the partners people to take up partnership, assuming the that they found the most difficult. Financial (owners) went through a phase of explaining financial rewards are available: management is seen as the greatest challenge, to staff why downsizing and salary cuts were • Be open with the senior solicitor/associate followed by strategy and business development. necessary. and include them in successes as well as Somewhat surprisingly, HR issues – either with Of the senior solicitors working in problems. staff or fellow partners – are regarded as less practices (defined as those with over seven • Give senior solicitors responsibility for challenging. years’ post-qualification experience), the some area of administration within the firm – one reason identified in the survey was the sudden transition necessary How have your payroll costs changed over the last 12 months? from being ‘in the dark’ to being a fully- fledged owner manager. Often partners find rich rewards in allocating areas such % of as IT, including case management, and respondents 27% marketing, to younger solicitors. 37% • Include the senior solicitors in how the firm is progressing in relation to fees and Increase 31% targets. Include them in conversations on by 10%+ pricing and on key client retention. Increase by 1-10% • As a leader, be positive about the future to would-be partners. It is an impossible No change 3% ‘sell’ if there is constant publication of Decrease 2% negative factors and the crosses borne as a by 1-10% partner. That approach is unlikely to be Decrease by 10%+ persuasive. 48 June 2017 TRADE AGREEMENTS Law Society Gazette | gazette.ie

Flying by the CETA your pants With longstanding Canadian ties and as the only common law English-speaking jurisdiction post-Brexit, Ireland may find itself with an important role to play in CETA’s application. Sara Hansvall turns the page

SARA HANSVALL IS A CANADIAN LAWYER, IRISH-QUALIFIED SOLICITOR AND ASSOCIATE AT ARTHUR COX

he Comprehensive Economic Trade Agreement (CETA) government approved the legislation required to ratify between Canada and the EU ambitiously aims to CETA on 16 May 2017. Canada is now to ensure its internal increase the flow of goods, services, and investment regulatory regimes are prepared for CETA’s implementation. across the Atlantic by way of various market Article 30.7 of CETA provides that the parties may liberalisation measures. Hailed as a progressive provisionally apply the agreement from the first day of the agreement, CETA also includes some labour month after the parties have notified each other that their and environmental protections, as well as a new internal requirements have been met. investment court system. At the time of writing, the EU and Canada had not CETA is expected to strengthen relations between yet exchanged the notices required to trigger provisional Ireland and Canada. With its longstanding Canadian ties and application of the trade deal. While there was initial speculation as the only common law English-speaking jurisdiction post- that CETA would provisionally apply as early as spring 2017, it Brexit, Ireland may find itself with an important role to play now appears this will occur in summer 2017. in CETA’s application. However, because CETA is deemed a ‘mixed agreement’ under EU law, EU member states Countdown must also each ratify CETA before After years of high-level negotiations, it will be fully in force. Mixed the EU Council and Canada signed AT A GLANCE agreements are those which touch CETA in autumn 2016. On 15 n CETA aims to increase the flow of upon matters that fall within EU February 2017, it was approved goods, services, and investment across competencies and member state by the EU Parliament. The EU the Atlantic by way of various market competencies and therefore require Parliament’s stamp of approval liberalisation measures approval at both levels. CETA will means that the bulk of the agreement n EU member states must also each ratify be fully in force once ratified by may apply provisionally, following CETA before it will be fully in force the 28 (27, post-Brexit) member Canada’s ratification. The Canadian n If a member state refuses to ratify states in accordance with each state’s CETA, questions arise as to whether national procedure – a process that is areas that apply provisionally would expected to take several years. This article was written with the support of Colin Kavanagh, partner in corporate and continue to have effect Accordingly, as set out in EU commercial law at Arthur Cox. Council Decision 10974/16, CETA Law Society Gazette | gazette.ie TRADE AGREEMENTS June 2017 49 PIC: SHUTTERSTOCK

THE FULL CONSEQUENCES SHOULD A MEMBER STATE REFUSE TO RATIFY ARE NOT ENTIRELY CLEAR

is to be effectively implemented in two phases, from Canada will need to satisfy EU food rules an investment court system that is to establish with the bulk of the agreement to apply and regulations. an impartial, independent public tribunal provisionally (being areas of the agreement Chapter 4 of CETA seeks to harmonise where private actors can bring claims against that fall within EU competencies) and the many regulatory processes. For example, the states to protect investments. While CETA remainder of the agreement (areas within Canada and the EU agreed to recognise each offers some protections to governments in member state competencies) to apply once other’s conformity assessment certifications. respect of their right to regulate beyond ratified by member states. Regulatory bodies in Canada and the EU conventional national security grounds to will be able to test products for exporting in include certain environmental and labour Cut to the chase accordance with each party’s rules, creating protections, private actors will nevertheless On provisional application, most customs opportunities for small to medium-sized be able to bring challenges against states duties and certain technical barriers to trade businesses no longer having to double- in the name of investment protection. The will be eliminated. The European Commission test. In addition, chapter 11 facilitates the investment court system and certain investment notes that a staggering 99% of all customs mutual recognition of certain professional provisions will not apply provisionally, but duties on traded goods across virtually all qualifications (including legal, accountancy, rather on ratification by member states. economic sectors are expected to go under and architecture), which will make it easier for CETA. Duties that will remain intact cover individuals to move between Canada and the Before and after certain sensitive agricultural products, such EU. Ireland and Canada have a shared history, as poultry and eggs. Import quotas will also Canada also agreed to open public common values, and economic and social ties. apply to some sensitive agricultural goods listed procurement at both the federal and provincial Both also inherited common law systems from under Annex 2-A. For example, there is a low levels in a far more comprehensive manner Britain, firmly grounded in legal precedent and annual beef import quota from Canada to the than it has ever done for foreign actors. This the rule of law. Notably, the Canadian Embassy EU, which aims to protect this agricultural is expected to increase EU business activity in has stated that more than 4.4 million Canadians market. Notably, CETA is not to change EU the Canadian services market. (approximately 14% of the population) have food-safety and labelling standards, as imports Finally, chapter 29 lays the framework for claimed Irish ancestry in recent years. gaLAW SOCIETY ette www.gazette.ie PIC: SHUTTERSTOCK BONUS DIGITAL FEATURES WITH YOUR ONLINE GAZETTE

• Links to judgments, cases and • View on your computer, tablet relevant literature or smartphone • Links to additional material • Links to advertisers’ websites For your best viewing experience, • Seamless navigation throughout download the Gazette to your device Law Society Gazette | gazette.ie TRADE AGREEMENTS June 2017 51

THE WALLONIA REGIONAL PARLIAMENT EXPRESSED OPPOSITION TO THE INVESTMENT COURT SYSTEM AND RAISED CONCERNS ABOUT EXPOSING ITS AGRICULTURAL MARKET TO COMPETITION FROM CANADIAN FARMERS PIC: SHUTTERSTOCK Time will tell if member states will indeed ratify CETA at the national level to bring it fully into force. On 16 May, the European Court of Justice held that the EU/Singapore free trade deal, which also covers areas of EU and member state competencies, cannot be concluded by the EU alone but also requires ratification by all member states. The ECJ’s opinion supports the fact that member state ratification is required to conclude CETA. However, if a member state refuses to ratify CETA, questions arise as to whether areas that apply provisionally would continue to Taoiseach Enda Kenny visited Canada in increased transatlantic trade to reduce have effect. While article 30.7(3) provides that May 2017 and met Canadian Prime Minister dependencies on their neighbours. either party (Canada or the EU) may terminate Justin Trudeau to discuss issues of mutual There is already a firm trade relationship provisional application on notice to the other interest, including trade matters. Speaking between Canada and Ireland. Canada’s party, the full consequences should a member in advance of the taoiseach’s official visit, national statistical agency notes that bilateral state refuse to ratify are not entirely clear. Trudeau stated in a press release that “Ireland product trade with Ireland was approximately While uncertainties remain in respect is a close friend … Our two countries enjoy CAD $2.4 billion in 2016 (that is, €1.7 of the full implementation of CETA, it is strong family ties, a shared history, and a billion), with Canadian exports amounting nevertheless expected to apply provisionally common purpose. Now we are collaborating to $496 million and imports approximately in the imminent future, which will give both again to ensure that CETA creates good, well- $1.9 billion. CETA is expected to bolster this Canadian and Irish businesses a chance to paying middle-class jobs on both sides of the relationship. explore its terms. Atlantic.” Ireland is well-versed in attracting In what appeared to be a positive meeting, multinationals from around the globe to a statement from the Office of the Prime incorporate and invest in Ireland, gaining Minister noted that the two leaders discussed direct access to the EU market. There is a LOOK IT UP strengthening commercial ties, particularly in sophisticated level of professional services LEGISLATION: light of CETA. available in Ireland to satisfy the needs of n Bill-C30 (Canada-European Union CETA could potentially help ease some international businesses. In addition, it has one Comprehensive Economic and newfound trade uncertainties. Ireland and of the lowest corporate tax rates in the EU. Trade Agreement Implementation Canada are somewhat similarly situated after With regulatory and political stability and a Act) the election of President Trump and post- familiar rule of law, Ireland could well be a n Comprehensive Economic Trade Brexit, as both have been forced to react to viable venue for Canadian businesses setting Agreement political events in bordering states that are up in the EU. n EU Council Decision 10974/16 also their largest trading partners. There were recent suggestions that President Trump Time and motion CASES: planned to terminate the North American CETA is not without its critics, as n Opinion pursuant to article 218(11) Free Trade Agreement, though he later stated demonstrated by the Belgian region of TFEU — free trade agreement the US would instead renegotiate it. There Wallonia, where the regional parliament between the European Union are also uncertainties about how Brexit will expressed opposition to the investment court and the Republic of Singapore, affect the Irish economy, the details of which system and raised concerns about exposing European Court of Justice, 16 May continue to play out. It therefore appears that its agricultural market to competition from 2017 (ECLI:EU:C:2017:376) both countries may be interested in exploring Canadian farmers. 52 June 2017 FAMILY LAW Law Society Gazette | gazette.ie

Let’s call the whole thing off

In a follow-up to ‘Separation anxiety’ by Keith Walsh in the May issue, Jennifer O’Brien assesses the impact of Brexit on international family law cases

JENNIFER O’BRIEN IS A SOLICITOR SPECIALISING IN INTERNATIONAL AND IRISH FAMILY LAW MATTERS AND IS PRINCIPAL OF IRISH FAMILY LAW CHAMBERS

ritain’s imminent withdrawal from the EU Ireland, of the domicile of both spouses. creates uncertainty in international law, Of course, a common jurisdictional scheme assumes particularly in the field of international family that the underlying national laws are broadly similar. This law. First, the current impact of EU law on is not the case – there are vast differences in approach both British and in the application of family law Irish family law must across the EU in terms of division be considered. EU regulations of property, financial matters, principally determine the AT A GLANCE and issues pertaining to parental jurisdiction in which a family law n EU regulations are key to responsibility and children. case is to be heard. The regulations determining the jurisdiction for Consider the default property ostensibly have no bearing on the family law cases – the regulations regime, for instance, applicable result, albeit every good family ostensibly have no bearing on the in France and Spain and, indeed, lawyer knows that venue matters. result, but the venue matters the prevalence of enforceable Council Regulation 2201/2003, n Underlying national laws can differ premarital agreements in Germany known as Brussels II bis, sets out greatly, especially with regard to and elsewhere. Such concepts are the basis for jurisdiction in matters the division of property, financial not generally considered capable relating to divorce, legal separation, matters, parental responsibility, and of enforcement in this jurisdiction. or marriage annulment, such that children As we have a requirement of jurisdiction lies with the courts of n If British courts decide not to four years’ separation (albeit the member state in whose territory observe lis pendens rules, parallel sometimes under the same roof) the spouses are habitually resident, actions could become more prior to the granting of a decree or of the nationality of both spouses commonplace of divorce, our jurisdictional or, in the case of Britain and races tend to involve Irish judicial Law Society Gazette | gazette.ie FAMILY LAW June 2017 53 PIC: SHUTTERSTOCK

ONE CANNOT DETERMINE EU LAW WITHOUT CONSIDERING THE NATURE OF THE EU LEGAL SYSTEM WITHIN WHICH IT OPERATES, AS WELL AS THE MYRIAD OBLIGATIONS CREATED BETWEEN MEMBER STATES, AS THINGS CURRENTLY STAND

separation proceedings competing for time Consider the recent case MH v MH, of the High Court shortly after 2.30pm on 7 with divorce proceedings in the other EU a Court of Appeal decision delivered by September 2015. It was served on the wife on member state. Similar, yet different relief Finlay Geoghegan J on 24 January 2017. 9 September 2015. – and that’s before you even consider the The applicant/appellant husband married On behalf of the wife, an English divorce question of available ancillary financial the respondent wife in 1982. The marriage petition was issued by the Family Court Office relief. had irretrievably broken down. For the in England on 11 September 2015. It was purpose of the appeal, it was assumed that served on the husband on 15 September 2015. Forum shopping both parties were domiciled in Ireland and The evidence before the High Court was that While ‘forum shopping’ is undesirable, were, prior to September 2015, habitually the wife’s divorce petition in its envelope was especially in the area of family law, it is resident in England. The Irish judicial delivered by DX to the family court office in submitted that Brussels II bis has created a separation proceedings were commenced England at 7.53am on 7 September 2015. race for the line, as choice of jurisdiction is on behalf of the husband by the issue of a There were two motions before the key to the outcome in most cases. special summons out of the Central Office High Court: 54 June 2017 FAMILY LAW Law Society Gazette | gazette.ie

WHILE ‘FORUM SHOPPING’ IS UNDESIRABLE, ESPECIALLY IN THE AREA OF FAMILY LAW, IT IS SUBMITTED THAT BRUSSELS II BIS HAS CREATED A RACE FOR THE LINE, AS CHOICE OF JURISDICTION IS KEY TO THE OUTCOME IN MOST CASES

• The husband’s motion seeking a on the facts, the Irish High Court was not The Court of Appeal upheld that finding declaration that the Irish High Court had the court first seised within the meaning of of fact, but found that the overall question full and exclusive jurisdiction to deal with articles 16 and 19 of regulation 2201/2003. required a reference to the CJEU in the the proceedings and consequential orders Accordingly, an order was made in the following terms: is “the time when the restraining the wife from taking any steps High Court staying the judicial separation document instituting the proceedings … are in the English divorce proceedings, proceedings until such time as the jurisdiction lodged with the court” in article 16.1(a) of • The wife’s motion sought a stay of the of the court first seised was determined, regulation 2201/2003 to be interpreted as judicial separation proceedings until such pursuant to article 19 of the regulation. meaning: time as the jurisdiction of the court first Following a hearing of the appeal to the 1) The time at which the document seised was determined and, thereafter, Court of Appeal, that court identified two instituting the proceedings is received by declining jurisdiction in favour of that issues arising: the court, even if such receipt does not court pursuant to article 19 of the • Was the trial judge entitled to find as a result in the immediate commencement regulation. fact, on the evidence before him, that the of proceedings or proceedings being divorce petition was opened and date- considered as pending under national law, The High Court found as a fact that the stamped prior to 10.30am on 7 September or English divorce petition was opened and 2015, and 2) The time at which, following receipt of the stamped prior to 10.30am on 7 September • The proper interpretation of article 16.1(a) document instituting the proceedings by the 2015. The High Court also found that, of the regulation. court, the proceedings are commenced or are considered pending under national law.

Hunting lodge The CJEU, by a reasoned order of the court FOCAL POINT (6th Chamber) on 22 June 2016, made the following ruling: “Article 16(1)(a) of Council YOU MUST COMPLY Regulation (EC) no 2201/2003 … must be What if the English courts and the well as the myriad obligations created interpreted to the effect that the ‘time when British Parliament promise that they between member states as things the document instituting the proceedings or will continue to comply with Council currently stand. an equivalent document is lodged with the Regulation 2201/2003 – agreeing with Brussels II bis also governs jurisdiction court’, within the meaning of that provision, the rules – without signing up to the in relation to matters of parental is the time when that document is lodged with whole EU/CJEU package? How then responsibility, including custody, access, the court concerned [author’s emphasis], even would differences of opinion be resolved, and child-abduction matters. The if, under the national law, lodging that as occurred in MH v MH, as to the precise connecting factor is the child’s habitual document does not, of itself, immediately meaning of the words in the regulation? residence. As such, these cases tend, for initiate proceedings.” Will the English courts await a reference the most part, to be determined by the Accordingly, the Court of Appeal to the CJEU or will they just happily courts of the children’s home country. concluded that the English court was first proceed with litigation in their own This approach has worked well, and is seised within the meaning of article 16(1)(a) courts based on their interpretation of consistent with the provisions of the at latest by 10.30am on 7 September 2015. the regulation? Hague Convention on Child Abduction The Irish High Court was not seised until, at It is submitted that the regulation and, as such, it is submitted that there is earliest, 2.30pm that day – hence the appeal cannot be interpreted in a vacuum – that unlikely to be much change in this area of was dismissed. The wife went on to obtain one cannot determine EU law without practice. One wonders, however, about generous financial provision in the context of considering the nature of the EU legal the future status of Irish care orders that her English divorce proceedings. system within which it operates, as place minors in facilities in Britain. Certainly, this case highlights in some detail the provisions of the regulation Law Society Gazette | gazette.ie FAMILY LAW June 2017 55

applicable to jurisdiction and the current be obliged to observe the lis pendens rules law, in particular, the decision in Owusu. mechanism available when a dispute arises as with regard to the stay of its proceedings, The provisions of the Domicile and to ‘which court’ between the courts of Ireland pending the determination by the Irish High Recognition of Foreign Divorces Act 1986 would and the courts of England and Wales. Court as to which court is seised. The court be of assistance when considering whether Imagine, if you will, precisely the same could proceed with the English divorce a post-Brexit English divorce is capable of facts – MH v MH – in a post-Brexit scenario. proceedings, hear and determine same, while recognition in this jurisdiction. However, Would the Irish court remain obliged to all the time competing proceedings were the Irish courts may have a difficulty consider the provisions of the regulation being processed in an EU member state. recognising same, where there are valid when considering jurisdictional matters Parallel actions – every client’s subsisting proceedings in Ireland or another pertaining to a non-EU jurisdiction? Or worst nightmare – could become more EU member state, and particularly where the would we simply fall back on the principles of commonplace between here and London, relevant EU jurisdiction court has been seised private international law? and between London and every other EU for the purpose of the regulation. Under the doctrine of forum non jurisdiction. This would appear to be a Perhaps we could ratify and enforce the conveniens, it is a fairer approach, perhaps, retrograde step between close neighbours in Hague Convention on Choice of Court and, to consider the suitability of the forum a formerly civilised world. indeed, explore new and interesting ways – especially in family law – rather than in which The Hague might be persuaded rewarding the first spouse to get to court. Mirror, mirror to launch new conventions with a view to In such a scenario, the Irish court would no The EU also governs jurisdiction on plugging the gaps! doubt consider the domicile of both parties, maintenance claims in the context of the Such complexity in family law between the fact that they had an Irish holiday home, Maintenance Regulation. To make matters these islands is difficult to comprehend, and the ability of the Irish court to resolve worse, the jurisdictional basis for these claims especially where Brexit has the potential to matters between them in an effective manner. differs from that for divorce or separation. In bring unity to the island of Ireland – and Certainly, the fact of actual residence addition, the Maintenance Regulation allows division to Britain. Perhaps there is still time elsewhere would be of some weight in terms parties to choose the jurisdiction, whereas to call the whole thing off! of arguing convenient forum; however, one this possibility is not available in relation to imagines lawyers enjoying (and perhaps divorce or the division of property. clients enduring) initial motions of wonderful Certainly, Brexit will complicate the complexity, all of which the regulation was recognition and enforcement of maintenance LOOK IT UP designed to prevent. orders between these islands. It may be preferable, in particular cases, to seek mirror CASES: n Parallel universe orders in Ireland and Britain to ensure Andrew Owusu v NB Jackson (Case Perhaps we will take renewed interest in enforceability. C-281/02; [2005] ECR I-1383) the case of Andrew Owusu v NB Jackson, Currently, the status of EU law in Britain n MH v MH [2015] IEHC 771 where the Grand Chamber decided not to after Brexit is unclear. It is considered likely n MH v MH [2017] IECA 18 apply the doctrine of forum non conveniens, that the British Parliament will legislate for n MH v MH (Case C173/16), order of notwithstanding the fact that the personal all EU law to remain valid on leaving the the court (Sixth Chamber) (22 June injury took place in Jamaica and the action EU – with repeals and amendments being 2016) was in part against a defendant domiciled in considered on an individual basis thereafter. England. In family law, jurisdiction for divorce LEGISLATION: Essentially, the court found that the may revert to the original English law, being n Choice of Court (Hague application of forum non conveniens was grounded in either the domicile of either Convention) Act 2015 likely to affect the uniform application of party or his/her habitual residence for one n Council Regulation No 2201/2003 the rules on jurisdiction contained in the year prior to the proceedings. Undoubtedly, (Brussels II bis) convention. It didn’t matter that the other this will widen the possibility for divorce n Council Regulation (EC) No 4/2009 state was a non-contracting state and, as such, in England – albeit the question remains (18 December 2008) on jurisdiction, it seems that the same reasoning would apply for Irish lawyers how ‘which court’ will be applicable law, recognition and to MH v MH in a post-Brexit scenario. Our determined in these cases, and indeed, will enforcement of decisions and courts would still carry out an assessment such English divorces be recognised here? cooperation in matters relating to as to which court was seised under the Perhaps, we will revert to the maintenance obligations regulation, so being first would no longer principles of private international law, n Hague Convention on the Civil matter. which remain in place in terms of non-EU Aspects of International Child Of course, the real question is what jurisdictions, considering matters such as Abduction (25 October 1980) would happen in the English High Court? forum non conveniens at the inception of n Hague Convention on Choice of Should Britain decide to no longer be bound proceedings – but these arguments are also Court Agreements (30 June 2005) by the regulation, the court would no longer limited when one considers the EU case 56 June 2017 REPOSSESSION Law Society Gazette | gazette.ie

Wherever I lay my hat... Those facing house repossession may also face difficulty providing for their future accommodation. Solicitors should be familiar with the social housing support options available, writes Rose Wall

ROSE WALL IS THE CEO OF COMMUNITY LAW & MEDIATION, AN ORGANISATION THAT PROVIDES A RANGE OF FREE SERVICES TO COMMUNITIES IN NORTH DUBLIN AND LIMERICK, INCLUDING FREE LEGAL ADVICE AND REPRESENTATION IN HOUSING AND DEBT LAW

he most recent Central Bank statistics for the fourth needs from their own resources, solicitors should be familiar quarter of 2016 show that, while the number of with the social housing support options available and how to mortgage accounts for principal dwelling-houses access them. (PDH) that are in arrears is decreasing, the Solicitors should also remember that, if their client is in numbers are still high, with mortgage arrears, they do not need 77,493 accounts in arrears – 33,447 to wait until a court has made an of which are in arrears of more than order for possession, or they have 720 days. AT A GLANCE voluntarily sold or surrendered their During the fourth quarter of home, before applying for social 2016, legal proceedings were issued n If a client is in mortgage arrears, they housing support. Regulation 3(g) to enforce the debt/security on a do not need to wait until a court (ii) of the Social Housing Assessment principal dwelling-house mortgage has made an order for possession (Amendment) (No 2) Regulations in 1,397 cases. A total of 455 or they have voluntarily surrendered 2011 provides that a person can be properties were taken into possession their home before applying for social assessed for social housing support by lenders during the quarter, the housing support by a local authority following highest recorded since the series n Applicants for housing no longer a decision by their lender that began. Of the properties taken into apply specifically for local authority their mortgage has been declared possession during the quarter, 112 homes. Instead, they now apply for unsustainable, under the Code of were repossessed on foot of a court social housing support Conduct on Mortgage Arrears, even order, while the remaining 343 n The lack of social housing where legal proceedings have were voluntarily surrendered or stock means that, for many, the not yet commenced. If a person abandoned. only option is private rented is considering voluntary sale or Given that those most likely accommodation support in the form surrender, it is very important to face repossession of the family of Rent Supplement or Housing that they are advised to obtain home are also likely to have difficulty Assistance Payment written confirmation that their providing for their accommodation mortgage is unsustainable before Law Society Gazette | gazette.ie REPOSSESSION June 2017 57 PIC: SHUTTERSTOCK

THESE FIGURES RAISE LARGER QUESTIONS REGARDING THE GLARING LACK OF LEGAL PROTECTION AFFORDED TO THOSE WHO ARE HOMELESS AS A RESULT OF THE FAILURE TO PROVIDE FOR A RIGHT TO HOUSING IN IRISH LAW

they proceed any further. This will avoid • A tenancy in a local authority property, To apply for social housing support, a unnecessary delay and uncertainty for a • A tenancy in an ‘approved housing body’ person needs to complete an application client subsequently trying to regularise their property, form obtainable from the local authority in housing situation. • A tenancy in a property the local authority the area they wish to live, which must also be is managing or has leased from a private the area in which they normally reside or to Social housing support property owner through schemes such as which they have a local connection. The rules Under the Housing (Miscellaneous Provisions) the Rental Accommodation Scheme (RAS) around establishing local connection are set Act 2009, an applicant for housing no longer or the Rental Accommodation Availability out in regulation 6 of the 2011 regulations applies specifically for a local authority Agreement (RAAA), or and include, among other things, if a member home. He/she now applies for social housing • Private rented accommodation support in of the household works or is in full-time support. the form of Rent Supplement or Housing education in the area or has lived in the area, Social housing support is provided to Assistance Payment (HAP). at any time, for a continuous period of five people who cannot afford housing from their years. own resources. It takes the form of a number Section 20 of the 2009 act and the Social The application is then assessed by the of different types of support, including: Housing Assessment Regulations 2011 (SI local authority, normally within a 12-week • Emergency accommodation to meet 84/2011) set out the process for assessing a period. The local authority will firstly look at short-term housing need, person’s eligibility for social housing support. whether an applicant is ‘eligible’ for housing 58 June 2017 REPOSSESSION Law Society Gazette | gazette.ie

and, if they are eligible, will consider whether Each housing authority draws up its on an applicant for social housing support the applicant is ‘in need’ of housing. own rules for deciding order of priority on unless there is a clear statutory basis for In determining firstly whether an the waiting list. These are called ‘schemes of that eligibility requirement (Kinsella v Dun applicant is eligible, the local authority will letting priorities’. Each local authority has Laoghaire/Rathdown County Council). In this consider matters such as the income and their own scheme of letting priorities, which regard, if your client’s application for social residency status of the applicant and whether has been drafted in accordance with section 22 housing support is refused, it is important to they have suitable alternative accommodation of the 2009 act. It is important to remember question the local authority as to the statutory available to them. that, while a local authority should abide by basis for the refusal. This can be done by a In determining whether the applicant is their own scheme of letting priorities, such request under section 10 of the Freedom of ‘in need’ of social housing, the local authority schemes are not law, as such, and can be Information Act 2014, which provides a right considers the type of housing they are challenged. to a person to information regarding acts of currently occupying, including whether the Depending on the applicant’s circum- public bodies that affect them. applicant’s mortgage has been classified as stances, they can also apply for housing Local authorities also have a duty to act unsustainable as part of the mortgage arrears on a priority basis in exceptional medical in a ‘rational and reasonable manner’ (County resolution process. circumstances or exceptional social grounds. Meath VEC v Joyce) and, under section 3 of Following this, where it is determined the ECHR Act 2003, must carry out their that the applicant is both eligible for and in Application refused functions in a manner that is compatible with need of social housing, they are deemed to The process for applying for social housing the European Convention on Human Rights. ‘qualify’ for social housing. At this point, they support is set out in law under the Housing Issues that might arise in an application are placed on the waiting list – now known Acts 2009-2014 and the Social Housing for social housing support include: as the ‘record of qualified households’ – for Assessment Regulations 2011, as amended. It is • Difficulty for certain groups, such as suitable accommodation that meets their important to note that it is not open to a local members of the Traveller community or needs. authority to impose an eligibility requirement non-Irish nationals, satisfying the ‘local connection’ rule, • The application of the residency status rule and its legal basis, • Separated parents who co-parent and who MANY OF THOSE ELIGIBLE FOR PRIVATE want to have a housing allocation large RENTED ACCOMMODATION SUPPORT enough to accommodate their children, • Mortgagors who have been deemed to ARE UNABLE TO SOURCE PROPERTY be ‘not cooperating’ under the mortgage WITHIN THE LIMITS OF THE HAP AND arrears resolution process rather than being deemed to have an unsustainable mortgage, RENT SUPPLEMENT SCHEMES • Applicants who are separated from their partner but do not have any formal court

PIC: GETTY IMAGES order or separation agreement in place and who are deemed to have suitable alternative accommodation available to them.

Some of these issues might be resolved through an internal appeal by simply questioning the statutory basis for the refusal and setting out the legal basis for your client’s application. In some instances, initiating judicial review proceedings might be necessary. In the last two examples, section 49(2) (e) of the Housing (Miscellaneous Provisions) Act 2014 might be of use. This section allows an applicant household to apply for limited forms of social housing support where the local authority ‘is unable to establish for the time being whether alternative accommodation is available to a household that would meet the household’s housing Law Society Gazette | gazette.ie REPOSSESSION June 2017 59

IF YOUR CLIENT’S APPLICATION FOR SOCIAL HOUSING SUPPORT IS REFUSED, IT IS IMPORTANT TO QUESTION THE LOCAL AUTHORITY AS TO THE STATUTORY BASIS FOR THE REFUSAL

need’. The options available to such affected by being transferred to the transfer welfare payments such as rent supplement or applicants are Housing Assistance Payments list from the local authority housing list. The HAP. (HAP) or Rental Accommodation most recent information leaflet published by Unfortunately, these efforts have not Availability Agreements. the Department of Housing in March 2017 addressed what is essentially a question of states: “As a HAP recipient, your likelihood supply. The fact of this is evident from the Successful application of getting a different form of social housing most recent figures on our homeless crisis, While in theory there are a number of support is not affected by accepting HAP.” which show that in quarter four of 2016, housing options available to a person whose Although the local authority administers in Dublin alone, there were 4,098 adults application for social housing support has the HAP scheme, the client will not be a accommodated in emergency accommodation, been accepted, the lack of social housing stock local authority tenant – the rental agreement 567 of whom were ‘new presentations’. In means that, for many, their only option is will be between the client and the private that period, 1,028 families – comprising 1,382 private rented accommodation support in the landlord – and their tenancy will be covered adults with 2,096 dependent children – were form of rent supplement or housing assistance by the Residential Tenancies Act 2004. This residing in emergency accommodation payment. means, among other things, that it is up to These figures raise larger questions Rent supplement, administered by the the client to source the accommodation. regarding the State’s policy over the last Department of Social Protection, has been The accommodation must meet minimum number of years of delegating responsibility replaced by HAP, though continues to be standards for rented housing (inspected within for social housing to the private sector and available for people who need short-term the first eight months of payment) and the the glaring lack of legal protection afforded support to pay their rent. Other qualifying landlord must have a current tax clearance to those who are homeless as a result of the criteria apply, including restrictions on an certificate (to be provided within five months). failure to provide for a right to housing in applicant’s ability to work full time. In general, the rent must be within the Irish law. HAP is a new form of social housing HAP rent limits for the household size and support provided for under part 4 of the the area the applicant lives in. The limits Housing (Miscellaneous Provisions) Act 2014 are generally based on the limits for rent and aims to allow local authorities to provide supplement, though the minister has enacted LOOK IT UP housing assistance for households with a long- regulations to provide for enhanced HAP CASES: term housing need, including many long-term payments in excess of the maximum rent n County Meath VEC v Joyce [1994] 2 rent supplement recipients. limits where it is ‘justified and required’. The ILRM 210 HAP was rolled out on a phased basis rent limits can be increased up to a maximum n Kinsella v Dun Laoghaire/Rathdown and has been operational in all local authority of 50% in the case of homeless people in County Council [2012] IEHC 344 areas since March 2017. Dublin and up to a maximum of 20% in other The HAP scheme aims to allow people cases. LEGISLATION: getting HAP to take up full-time employment n Equality (Miscellaneous Provisions) and keep their housing support. Under the Delegation of responsibility Act 2015 HAP scheme, local authorities pay landlords The well-documented pressures on the n European Convention on Human directly and tenants pay a weekly HAP rent private rented market, with a 45% rise in the Rights Act 2003 contribution to the local authority, based on average rent nationwide since its bottoming n Freedom of Information Act 2014 their income and ability to pay. out in 2011, have meant that many of those n Housing (Miscellaneous Provisions) If the client is housed under HAP, they eligible for private rented accommodation Act 2009 will no longer be on the local authority’s support are unable to source property within n Housing (Miscellaneous Provisions) standard housing list. They can access other the limits of the HAP and rent supplement Act 2014 forms of social housing supports, such as local schemes. n Residential Tenancies Act 2004 authority housing or housing provided by There have been some efforts to n Social Housing Assessment approved housing bodies, by applying for a remedy this, including the increase in the (Amendment) (No 2) Regulations transfer. rent supplement limits in July 2016 and the 2011 (SI 321/2011) It is as yet unclear whether the HAP creation of a new ground of discrimination, n Social Housing Assessment recipient’s prospects of securing other forms under section 15 of the Equality (Miscellaneous Regulations 2011 (SI 84/2011) of social housing support will be adversely Provisions) Act 2015, for recipients of housing 60 June 2017 BOOKS Law Society Gazette | gazette.ie

THOMSON REUTERS ROUND HALLTM FARMING AND THE LAW

Karen Walsh. Clarus Press Ltd (2016), www.claruspress.ie. ISBN: 978-1-905536-86-3. Price €35.

Farming and the Law is a unique publication offering a comprehensive overview of many of the legal issues in what is an increasingly complex and regulated environment. The range of topics is prodigious. Chapters EMPLOYMENT LAW deal with wills, administering an estate and 2ND EDITION enduring powers of attorney, planning, land Frances Meenan leasing, collaborative farming, solar and The new edition of Employment Law wind farms, transferring the family farm, comprises a diverse range of sources employment, and health and safety. which make up this body of law; namely The author achieves her stated objective, contract, tort, public, constitutional, which is to explain what the law requires of statute, EU and case law. All chapters farmers, not to comment on how well it does have been revised to incorporate recent developments. so. The law is clearly stated, and references are provided for all the legislative and judicial Publication: December 2017 authorities provided, enabling the reader to ISBN: 9780414061743 | Price: €345 research the matter further if they so wish. There is also a useful synopsis of relevant case law. The author states that the book was written with the layperson in mind and to help inform farmers and landowners on decisions they make every day. It might be a little too detailed for some farmers to digest, but it would be an working in a busy solicitors’ office, to very invaluable resource for professionals working good effect in the writing of this book. with farmers who have only a basic knowledge of the law as it affects farmers and landowners. Aisling Meehan is a solicitor, tax consultant and The author puts her own farming farmer, specialising solely in agricultural law PROCUREMENT LAW IN IRELAND background, together with her experience and tax. 1ST EDITION David Browne and Patrick McGovern Procurement Law in Ireland provides an overview of the principles of public CONTRACT LAW IN IRELAND procurement, thresholds and exclusions for public contracts, notification and procurement procedures, framework (EIGHTH EDITION) agreements and dynamic purchasing, and remedies and redress. It is an Robert Clark. Round Hall (2016), www.roundhall.ie. extensive evaluation of the substantive ISBN: 978-0-4140-563-67. Price: €125. and procedural provisions applying to public procurement in this jurisdiction. One falls upon the latest edition of Prof Clark’s work as one would greet an old friend, Publication: September 2017 ISBN: 9780414050976 | Price: €350 anxious to learn the latest news. There is much that is new to be learned: in consumer law, including the implementation of the Consumer Rights Directive; further PLACE YOUR ORDER TODAY proposals for directives in the area of the roundhall.ie supply of digital content; in construction [email protected] 1800 937 982 (IRE) law, including the Construction Contracts Act 2013; and, on capacity, specifically the Assisted Decision-Making (Capacity) Act 2015. The flow of decided cases continues unabated. These are comprehensively noted and integrated with the work. Law Society Gazette | gazette.ie BOOKS June 2017 61

Most lawyers only study contract law in a classic pattern. Paragraph numbers have been structured fashion at a very early stage in their introduced. It was surprising to this reader careers. With the passage of time, knowledge the extent to which this minor innovation of the subject may be reduced to no more than improves the layout and readability of the a series of slogans. book. This applies even to topics that are Practising lawyers are at risk if they do not NEW TITLES frequently met in practice, such as the keep up to date with the latest developments. AND EDITIONS necessity, in some cases, for contracts to be This welcome book is a valuable tool in evidenced in writing or transactions that are minimising that risk. expressed to be subject to contract. This book Succession Act 1965 demonstrates that the law is considerably Paul Keane is managing partner at Reddy and Related Legislation: more nuanced than the slogans would suggest. Charlton Solicitors and is chairman of the Law A Commentary, The structure of the book remains the Society’s Task Force on the Legal Services 5th Edition same as in recent editions and follows a Regulation Act. Brian Spierin NOW IN ISBN: 9781784518073 STOCK Format: Hardback Price: €225 + €5.50 P&P THE MODERN FAMILY: Pub date: May 2017

Employment Law, RELATIONSHIPS AND THE LAW 2nd Edition Clarus Press (2016), www.claruspress.ie. ISBN: 978-1-9055-368-94. Price: €35. General editor: Ailbhe Murphy Tim Bracken. Consultant editor: Maeve Regan ‘Family’ now defies the traditional cultural ISBN: 9781847663764 definition and encompasses myriad relation- NOW IN Format: Hardback STOCK Price: €255 + €5.50 P&P ships that were in previous generations kept Pub date: Mar 2017 hidden. Legislation arrived en bloc in 2015 – the Marriage Act, Gender Recognition Act, Children Irish Income and Family Relationships Act, and the Assisted Tax 2017 Decision-Making (Capacity) Act – in an attempt Tom Maguire to keep pace. ISBN: 9781526501547 Format: Hardback Same-sex couples may now marry. NOW IN Price: €225 + €5.50 P&P Transgender persons may register their new STOCK Pub date: April 2017 gender and subsequently marry. Unmarried fathers may become automatic guardians. Legal Medical Law in Ireland, certainty will be given to parties involved in 3rd Edition donor-assisted human reproduction. A co- Simon Mills & Andrea Mulligan decision-making agreement may be registered ISBN: 9781847669506 Format: Hardback when a person’s capacity becomes limited. Price: €195 + €5.50 P&P The stated purpose of this book is to set out Pub date: Aug 2017 the law in legally recognised relationships. The clear and simple language makes apparent the Residential Tenancies perspicacity of the author, who is a practising Laura Farrell, Associate editor: JCW Wylie barrister. Explanations of legal concepts such ISBN: 9781784517410 as guardianship and custody are peppered Format: Hardback throughout, which will appeal to the layperson, Price: €195 + €5.50 P&P as will a chapter on court procedures. strides have been made in family law, there Pub date: Oct 2017 The book describes a hypothetical set remain areas for review, such as the length of interwoven families, the result of three of time parties must be living apart before an To place an order contact: marriages, with the spin-off legal relationships application can be made for divorce. This book [email protected] between parents and children. The ‘Kelly provides a succinct and readable handbook or [email protected] family’ (with the Cohen children and O’Sullivan on current law, which will be of interest to buy online at children) resurfaces later in the book by way of practitioners and the public alike. www.bloomsburyprofessional.com descriptive assistance, which is a useful tool to explain often complex legal scenarios. Aoife Byrne is a solicitor who specialises in family While it is beyond doubt that great law. 62 June 2017 BRIEFING | COUNCIL REPORT Law Society Gazette | gazette.ie

REPORT OF THE LAW SOCIETY COUNCIL MEETING ON 7 APRIL 2017 Legal Services Regulation Act sonable sum on account of costs sued in turn by the European Su- in relation to legitimate business Paul Keane reported that the So- within such period as might be pervisory Authority for financial transactions. The Council urged ciety had made a submission in specified by the judge, pending institutions. Draft provisions in that, in due course, the Society response to a consultation process the taxation of such costs. It was Britain provided that banks could would engage with the banks to conducted by the Legal Services intended to issue a notice to the apply simplified due diligence, seek to simplify the processes and Regulation Authority (LSRA) on profession shortly, drawing their provided that there was a low de- minimise the delay involved in the topic of legal partnerships. Two attention to the practice direction. gree of risk of money-laundering opening bank accounts following further consultation processes were and that solicitors would produce the production of relevant docu- underway, in relation to multidisci- Judicial appointments client ID information to banks on mentation, and also to seek to plinary practices, and in relation to The Council noted, with approv- request within two working days. introduce a de minimus amount specific barrister issues, including al, the final submission on the Ms Keane also briefed the below which documentation whether barristers should be per- Judicial Appointments Commis- Council on the Society’s submis- would not be required. mitted to handle clients’ moneys sion that had been made to the sion on the general scheme of and whether restrictions on direct Minister for Justice following the the new Criminal Justice (Money Survey of solicitors’ firms access should be removed. The debate at the previous meeting of Laundering and Terrorist Financ- The Council received a pre- Council noted that the advertise- the Council. ing) (Amendment) Bill 2016; the sentation from David Rowe of ment for the permanent CEO role Fifth Anti-Money-Laundering Dir- Outsource on the results of the of the LSRA had been published in Anti-money-laundering ective, which proposed to Financial and Business Structure the national media. Deputy director general Mary introduce public registers of ben- Survey of Solicitors’ Firms 2017 Mr Keane confirmed that Keane briefed the Council on a eficial ownership of companies (see p44). work was progressing in relation range of issues arising from the and of trusts; the supranational to the precedent documentation forthcoming transposition of the risk assessment being conducted Spring Gala Symposium on legal costs, and the consulta- Fourth Anti-Money-Laundering by the EU Commission, which The Council congratulated the tion process with the profession Directive into Irish law, includ- was examining AML compli- president on a very successful had yielded an excellent response. ing the removal of the automatic ance across the EU; the ‘Panama Spring Gala Symposium and din- low risk designation of solicitors’ Papers’ inquiry by the EU ner on 24 March 2017, which had Practice direction on costs client accounts. While the prac- Parliament; a proposed directive attracted huge support from the The president noted that a new tical measures that would follow on countering money-laundering profession and a varied mix of practice direction had issued by this change were as yet unclear, by criminal law; and the FATF colleagues from large and small the President of the High Court in it could have implications for the evaluation of Ireland. firms. relation to the payment on account documentation required from The Council noted the myr- of costs pending taxation. It indi- solicitors when opening or op- iad measures being introduced at Calcutta Run and Cycle cated that, in all cases where there erating client accounts. It was EU level and globally to coun- The president urged Council was no dispute as to the liability expected that the Central Bank ter money-laundering, terrorist members to support the Calcutta for the payment of costs, and in would issue guidelines to all financing and tax evasion and Run and Cycle on 20 May 2017, any other case that a judge thought regulated banks as to what was the criticism being levelled at whether by promoting it within appropriate, an order could be required and in what circum- professionals, including lawyers, their firms, participating, or made directing payment of a rea- stances, in line with guidance is- for their advice to clients even being generous with donations.

PRACTICE NOTES

CONVEYANCING COMMITTEE ‘NO RECOURSE’ CONDITION IN RECEIVER CONTRACTS It has come to the attention of sions of this Contract, the Pur- the Subject Property except the or one that has like effect, is totally the Conveyancing Committee chaser shall have no recourse right to make a claim to be an objectionable and should not be that vendors acting by receiver against the Vendor or any mem- unsecured creditor of the Vendor accepted by any purchaser. routinely issue contracts contain- ber of the Vendor’s staff or agents which right shall be deemed to be This condition should be distin- ing a special condition in the fol- in respect of or arising from any waived by the Purchaser.” guished from a special condition or lowing or similar terms. valid claim to title being made by It is the view of the commit- term that limits the personal liabil- “Notwithstanding any provi- any third party or to all or any of tee that such a special condition, ity of a receiver or his office. Law Society Gazette | gazette.ie BRIEFING | PRACTICE NOTES June 2017 63

CONVEYANCING COMMITTEE SUBJECT TO LOAN CLAUSE – A REVIEW The Conveyancing Committee access funding from their lending in practice, the committee con- majority of purchasers relying on has been asked to review its rec- institutions unless they can con- cluded that it would be unsafe for loan finance to complete the pur- ommendation issued in its practice firm that there are unconditional purchasers if it changed its recom- chase. note published in the June 2009 contracts for the sale of sites and mendation. The dangers of pro- The sample special condition issue of the Gazette (‘Timelines in units in place. ceeding without a loan clause in previously issued by the commit- loan approvals and revaluation of The committee has given the a contract are too serious for the tee is set out in the panel below. security by lenders’) that “solici- matter full consideration. While it tors acting for purchasers where a is aware of the changed economic loan is required in order to com- circumstances, it is also aware SAMPLE SPECIAL CONDITION plete the purchase transaction in- that the practices of lending in- This contract shall be subject to mortgage protection or a life in- sert a special condition (or amend stitutions have not changed and the purchaser obtaining approv- surance policy being taken out, their usual form of special condi- that borrowers are still subject to al for a loan of €____ from (lend- or the lending institution being tion regarding loan approval) to loans being reduced or withdrawn er) ______on satisfied at any time prior to provide that the contract and the prior to drawdown in certain cir- the security of the premises pro- drawdown of the loan that its completion thereof is subject to cumstances. The committee is vided always that, if this loan has valuation of the property has the purchaser’s loan approval be- cognisant of the requirement that not been approved in writing not changed since the date of ing in place at the date of comple- lenders carry out valuations not within four weeks from the date loan approval, or some other tion in a sum sufficient to allow the earlier than four months before hereof, either party shall be enti- condition compliance with which purchaser complete the contract”. advancing a loan (previously two tled to rescind this contract and, is not within the control of the Representations have been months). The committee is also in such event, the purchaser shall purchaser, the loan shall not be made to the committee that the aware that, in the absence of a loan be refunded his deposit without deemed to be approved until economic circumstances sur- clause in a contract, a purchaser interest costs or compensation the purchaser is in a position to rounding the issue of the 2009 would not be in a position to ex- thereon. accept and draw down the loan practice note have changed and change contracts until nearer to If the loan approval is condi- on terms which are within his that the recommendation should closing. tional on a survey satisfactory reasonable power or procure- change accordingly. It is also con- Balancing the points for and to the lending institution, or a ment. tended that developers cannot against recommending a change CLAIMS REFERRALS AND SECTION 62 OF THE SOLICITORS ACT 1954 This notice is intended as general tions set down by primary legisla- and may result in a referral to the • Impose conditions on practis- guidance in relation to the subject tion that preclude a solicitor from Solicitors Disciplinary Tribunal. ing certificates that are in force, matter and does not constitute a paying a third party for referrals In addition, solicitors should under section 59 of the Solicitors definitive statement of law. Refer- for work of a legal nature. Sec- also be aware that the Advertis- (Amendment) Act 1994. ence to a solicitor includes a refer- tion 62 of the Solicitors Act 1954 ing Regulations Division of the ence to a firm of solicitors in this states that a solicitor shall not Regulation of Practice Committee It should also be noted that the context. reward, or agree to reward, an un- of the Law Society has the power, Law Society is entitled to publish It has come to the attention of qualified person for legal business where appropriate, to: the imposition of a penalty by the Law Society that a company introduced by such person to the • Make an application to the High the Law Society under regulation has been making unsolicited ap- solicitor. Under section 62(2), an Court for an order prohibiting a 15(i) of the Solicitors (Advertising) proaches to a number of solicitors’ agreement in contravention of this solicitor from contravening the Regulations 2002. firms offering leads regarding section shall be void. Solicitors (Advertising) Regula- Eamonn Maguire is the Law potential litigation. These leads The Law Society intends tions 2002 under section 18 of Society’s advertising regulations are intended for sale to interested to take a strict approach against the Solicitors (Amendment) Act executive and is contactable at firms and relate to a wide variety solicitors found to be accepting 2002, 01 872 4800 or e.maguire@ of matters, including employment and paying for such legal referrals, • Issue a reprimand in writing in lawsociety.ie. law, conveyancing, landlord and and a breach of section 62 may such terms as the Society deems tenant law, and defamation. constitute professional miscon- appropriate and reasonable, John Elliot, Registrar of Solicitors There are specific prohibi- duct on the part of the solicitor under regulation 15(g)(ii), and Director of Regulation 64 June 2017 BRIEFING | REGULATION Law Society Gazette | gazette.ie

SOLICITORS DISCIPLINARY TRIBUNAL REPORTS OF THE OUTCOMES OF SOLICITORS DISCIPLINARY TRIBUNAL INQUIRIES ARE PUBLISHED BY THE LAW SOCIETY OF IRELAND AS PROVIDED FOR IN SECTION 23 (AS AMENDED BY SECTION 17 OF THE SOLICITORS (AMENDMENT) ACT 2002) OF THE SOLICITORS (AMENDMENT) ACT 1994

In the matter of Brid Mimnagh, On 25 February 2016, the Solici- 1) The name of the respondent 7, and in the matter of the a solicitor practising as princi- tors Disciplinary Tribunal found solicitor be struck from the Roll Solicitors Acts 1954-2013 [3730/ pal in Brid Mimnagh & Associ- the respondent solicitor guilty of Solicitors, DT137/14] ates, Solicitors, Church Street, of professional misconduct in his 2) The applicant be permitted to Law Society of Ireland (applicant) Longford, Co Longford, and in practice as a solicitor in that he: take up clients’ moneys and William JP Egan (respondent the matter of the Solicitors Acts 1) In respect of six matters, made lodge same to a Law Society solicitor) 1954-2011 [4963/DT01/16] a stamp duty return that he nominated account and to On 30 March 2017, the tribunal Law Society of Ireland (applicant) knew to be false, take possession of the books of found the respondent solicitor Brid Mimnagh (respondent 2) On eight occasions, failed to account and ledger cards and guilty of misconduct in that he: solicitor) apply moneys collected from accounting records of the 1) Caused or allowed a deficit in On 12 January 2017, the Solici- one or more clients towards the respondent solicitor’s practice, client funds to arise on his cli- tors Disciplinary Tribunal found discharge of stamp duty and/or 3) Pursuant to section 20(6) of the ent account as at 17 December the respondent solicitor guilty of registration fees, Solicitors (Amendment) Act 1960 2012 of in or around €195,452, professional misconduct in her 3) Failed to take any or any (as amended by substitution which said deficit was cleared practice as a solicitor in that she: adequate steps when he knew by section 28 of the Solicitors on 21 December 2012, 1) Failed to comply with sec- or ought to have known that (Amendment) Act 1994), the 2) Caused or allowed round-sum tion 68(1) of the Solicitors documentation relating to a respondent lodge forthwith (or transfers to be made from client (Amendment) Act 1994 in five loan bore a purchase price in cause to be lodged), pursuant ledger accounts to office led- or six files examined and set out excess of that which appeared to the provisions of regulation ger accounts in the absence of in the report of 10 December in the contract in respect of five 4(1) of the Solicitors (Accounts) a corresponding debit entry for 2014, matters, Regulations 2001 (SI 421/2001), professional fees and/or out- 2) Caused or allowed some costs 4) Failed to comply, either any client moneys subsequently lay and/or VAT, giving rise to received in two cases identified adequately or at all, on one received by him to the appro- credit balances on office ledger in the investigation report to be or more occasions, with the priate client account or cli- accounts, in breach of regula- recorded as non-VATable out- requirements of section 68(1) ent accounts, unless otherwise tion 10(4) and/or 10(5), lay, of the Solicitors (Amendment) ordered by the court, 3) Caused or allowed ongoing 3) In a number of instances, failed Act 1994, and/or 4) The respondent solicitor pay round-sum transfers to be made to record the receipt of solici- 5) Failed on one or more occa- the sum of €5,000 as a contribu- from the client account to the tor/client costs in the books of sions to comply with the re- tion towards the whole of the office account in respect of account. quirements of the Criminal costs of the applicant before the moneys received from a client, Justice (Money Laundering and Solicitors Disciplinary Tribunal giving rise to credit balances The tribunal ordered that the Terrorist Financing) Act 2010, and pay the sum of €5,000 as a on office ledger accounts, in respondent solicitor: and/or contribution towards the whole breach of regulation 10(4) and/ 1) Stand advised and admonished, 6) Failed to comply adequately or of the costs of the applicant or 10(5), 2) Pay a sum of €1,000 as a con- at all with the directions of the before the High Court, with a 4) Caused or allowed personal tribution towards the whole of committee made on 23 May stay on registration and execu- and/or office expenditure to the costs of the Law Society of 2013, and/or tion for a period of 12 months be discharged from the funds Ireland. 7) Failed to attend or arrange to from the date of the High Court in the client account, which be represented at a meeting of order, should have been transferred to In the matter of David Herlihy, the committee dated 26 June 5) There be liberty to apply. the office account before being solicitor, formerly practising 2013, when required to do so, discharged, in breach of regula- as principal of David Herlihy, and/or The order of the High Court is tion 7(2)(b), Solicitors, Lord Edward Street, 8) Failed to reply adequately under appeal to the Court of Ap- 5) Caused or allowed debit bal- Kilmallock, Co Limerick, and in to correspondence from the peal by the respondent solicitor. ances to arise on the client ac- the matter of the Solicitors Acts Society dated 30 April 2013. count as at 31 December 2011, 1954-2011 [9286/DT90/15 and In the matter of William JP in breach of regulation 7(2)(a), High Court record 2017/5SA] The tribunal ordered that this Egan, a solicitor practising 6) Failed to maintain a non-con- Law Society of Ireland (applicant) matter go forward to the High as William Egan & Associ- trolled trust account in respect David Herlihy (respondent solici- Court and, on 10 March 2017, ates, Malt House Square, Bow of a trust, thereby allowing tor) the High Court ordered that: Street, Smithfield, Dublin trust moneys to become inter- Law Society Gazette | gazette.ie BRIEFING | REGULATION June 2017 65

mingled with client account McFeely, solicitor, former- 2) Failed to reply to the com- The tribunal ordered that the moneys, in breach of regulation ly practising as Hegarty & plainant’s correspondence and, matter should go forward to the 19. McFeely, Queen Street, Derry, in particular, letters dated 22 High Court and, on 3 April 2017, 7) Failed to maintain proper BT48 7EG, Northern Ireland, October 2010, 30 March 2011, the High Court ordered that: accounting records in respect and 27 Clarendon Street, Derry, 24 February 2012, 23 April 1) The respondent solicitor not of the period of, in or around, BT48 7EB, Northern Ireland, 2012, 10 May 2012, 25 June be permitted to practise as a 1 January 2012 to 31 December and in the matter of an applica- 2012, 5 December 2012 and 12 sole practitioner or in part- 2012, in breach of regulation tion by the Law Society of Ire- February 2013, nership; that he be permitted 12 and, in particular, caused or land to the Solicitors Disciplin- 3) Failed to reply adequately or at only to practise as an assistance allowed breaches of the Solicitors ary Tribunal, and in the matter all to the Society’s correspon- solicitor in the employment Accounts Regulations to take place of the Solicitors Acts 1954-2011 dence and, in particular, letters and under the direct control in respect of the accounts of his [10303/DT40/16 and High dated 1 August 2013, 9 January and supervision of a solicitor of practice. Court record2017/32 SA] 2014, 7 February 2014, 11 at least ten years’ standing, to Law Society of Ireland (applicant) June 2015, 29 July 2015 and 18 be approved in advance by the The tribunal ordered that the John Mark McFeely (respondent August 2015, Law Society of Ireland, respondent solicitor: solicitor) 4) Failed to attend a meeting of 2) The respondent solicitor pay 1) Stand censured, On 23 February 2017, the Solici- the Complaints and Client a sum of €2,500 as a contri- 2) Pay the sum of €7,500 to the tors Disciplinary Tribunal found Relations Committee on 14 bution to the whole of the compensation fund within 21 the respondent solicitor guilty April 2016, despite being re- costs of the Law Society of days commencing from 30 of misconduct in his practice as a quired to do so, Ireland proceedings before March 2017, solicitor in that he: 5) Failed to comply expeditiously, the Solicitors Disciplinary 3) Pay a contribution of €8,000 1) Failed to comply expeditiously, within a reasonable time, or at Tribunal within 60 days from towards the whole of the costs within a reasonable time, or at all with an undertaking given the date hereof, of the Law Society of Ireland all with an undertaking given by him to Dickson McNulty 3) The respondent solicitor pay within 21 days commencing by him to the complainant on Solicitors on behalf of his measured costs of €1,800 to the from 30 March 2017. behalf of his named client, dated named client over a named Law Society of Ireland for the 23 August 2007, over a named property in Co Donegal by let- within proceedings within 60 In the matter of John Mark property in Co Donegal, ter dated 11 December 2006. days from the date hereof. TAKE FIVE…

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Library ad Gazette Jan_Feb 2017.indd 1 25/01/2017 15:09 66 June 2017 BRIEFING | EURLEGAL Law Society Gazette | gazette.ie

NEWS FROM THE EU AND INTERNATIONAL AFFAIRS COMMITTEE EDITED BY TP KENNEDY, DIRECTOR OF EDUCATION, LAW SOCIETY OF IRELAND GENERAL COURT ANNULS COMMISSION MERGER DECISION

n Case T-194/13 (7 March the defence, requires that the un- numerous similarities between the have been different in content. 2017), the General Court an- dertaking concerned must have final econometric model and those The General Court held that nulled an EU Commission been afforded the opportunity, discussed during the administrative it had to be emphasised that the Idecision prohibiting a proposal during the administrative proce- procedure, the changes made to the commission relied on the econo- under which United Parcel Service dure, to make known its views on final model nevertheless could not metric analysis in order to make Inc (UPS) would acquire TNT the truth and relevance of the facts be regarded as ‘negligible’. The a finding that SIEC states existed. Express NV (TNT) by way of a and circumstances alleged and on General Court stated that it could When the statement of objections takeover under Dutch law. This is the documents used by the com- be seen from the observations of the was adopted, the commission had, the first case in almost 15 years in mission to support its claim. commission and of the applicant, as it stated at the hearing, made which the European courts have submitted after the hearing, that the a provisional finding that there taken such a step. Econometrics commission relied on two different were 29 SIEC states, on the basis The proposed transaction was The General Court referred variables at the stage of the statisti- of an econometric analysis show- notified to the European Com- to the commission having re- cal estimation of the effects of the ing a significant increase in prices mission under Council Regulation lied, among other things, on the loss of a competitor on prices, and following the merger. Further- (EC) no 139/2004 of 20 January econometric analysis in question at the stage of the prediction of the more, as the commission expressly 2004 on the control of concentra- in order to identify the number effects of the merger on prices. acknowledged, the subsequent tions between undertakings (the of member states in which there Thus, the commission relied on results of the econometric analysis Merger Control Regulation) – Case would be a significant impedi- a discrete variable at the estimation showing a less significant increase COMP/M6570 – UPS/TNT Exp- ment to effective competition stage and on a continuous variable in prices also led it to decrease the ress. The commission launched a (SIEC) and to the commission at the prediction stage. The court number of SIEC states to 15 in the phase 2 merger review, at the end of having adopted the final version stated that, although the use of a contested decision. which the commission issued a pro- of its econometric model more discrete variable had been discussed Secondly, the applicant was hibition decision on the basis that than two months before the adop- repeatedly during the merger already able, during the adminis- the notified merger was incomp- tion of the contested decision on administrative procedure, it did not trative procedure, to have a signifi- atible with the internal market and 30 January 2013. appear from the file that that was cant influence on the development with the EEA agreement. The General Court high- also the case as regards the use of of the econometric model pro- UPS challenged the commis- lighted that it was clear from the different variables at the different posed by the commission, since it sion’s decision before the General documents in the file that the final stages of the econometric analysis. raised technical problems to which Court, mainly on the basis that version of the econometric model The General Court held that, it provided solutions, as the com- the prohibition decision infringed was not communicated to UPS, accordingly, the commission could mission expressly acknowledged. its rights of defence by relying on as – according to the commis- not claim that it was not required econometric evidence that had not sion – it was unnecessary to make to communicate the final econo- Qualitative and quantitative been provided to it prior to the such a communication because it metric analysis model to the appli- The court held that, during the adoption of the contested decision. was clear from the commission’s cant before adopting the contested administrative procedure that led The General Court empha- numerous exchanges with the ap- decision. The General Court held to the adoption of the contested sised that the rights of the defence plicant during the administrative that UPC’s rights of defence were decision, “the applicant might have is a general principle of EU law procedure. The commission em- infringed, with the result that the been better able to defend itself if enshrined in the Charter of Funda- phasised, in essence, that the final contested decision should be an- it had had at its disposal, before mental Rights of the European Union, model, as presented in the con- nulled, provided that it has been the adoption of that decision, the which must be guaranteed in all tested decision, was only margin- sufficiently demonstrated by UPC final version of the econometric proceedings, including merger ally different from the models that that there was even a slight chance model chosen by the commission proceedings before the commis- were discussed with UPS during that it would have been better able on 21 November 2012” and that sion. The General Court clarified the merger review procedure. to defend itself – not that, in the this conclusion cannot be called that the right to a fair hearing, The General Court held absence of that procedural irregu- into question by the commission’s which forms part of the rights of that, although there were indeed larity, the contested decision would claim that its findings were based Law Society Gazette | gazette.ie BRIEFING | EURLEGAL June 2017 67 PIC: REX FEATURES

TNT HAS SINCE BEEN ACQUIRED BY FEDEX IN A DEAL APPROVED BY THE COMMISSION UNDER THE EU MERGER CONTROL REGULATION, WHICH OPENS THE DOOR TO POTENTIAL CLAIMS FROM UPS AND TNT SHAREHOLDERS

on a wide range of information, different results on the effects of already very stable before the state- a commission decision to prohibit both quantitative – including the the merger on prices, which might of-play meeting of 20 Novem- a merger. In 2002, the Court of econometric analysis – and qualita- have given rise to a reassessment of ber 2012, more than two months First Instance (now the General tive. the scope of the information taken before 30 January 2013, the date Court) annulled three decisions in The commission expressly into consideration by the commis- of the contested decision – with one year, namely, Case T-342/99 acknowledged that it relied, among sion and, accordingly, a reduction the result that the commission was Airtours/First Choice (6 June 2002), other things, on the new results of in the number of SIEC states. free, at the very least, to commu- Case T-310/01 Schneider/Legrand the econometric analysis in order to The court acknowledged that, nicate the essential elements of the (22 October 2002) and Case T-5/02 reduce the number of SIEC states when assessing alleged infringe- chosen econometric model to the Tetra Laval/Sidel (25 October 2002). after the statement of objections, so ments of the rights of the defence applicant. Furthermore, TNT has since those results were capable, at least in the context of merger control The General Court concluded been acquired by FedEx, in a deal as regards certain states, of counter- proceedings, it is indeed necessary that the commission infringed the that was approved by the commis- ing the qualitative information tak- to take into account the necessity applicant’s rights of defence by sion under the EU Merger Control en into account by the commission. for speed, which characterises the failing to communicate the final Regulation, which opens the door The General Court held that, general scheme of the EU Merger version of its econometric model to potential claims from UPS and accordingly, it must be found that Control Regulation. The court stat- to the applicant and annulled the TNT shareholders. the applicant was deprived of infor- ed that, nevertheless, in the present contested decision in its entirety. mation that, had it been communi- case (as the commission acknowl- The case is very significant, as Marco Hickey heads the EU, competi- cated to the applicant in due time, edged in its written submissions), it is the first time since 2002 that tion and regulated markets unit at LK could have allowed it to submit the econometric analysis was the European courts have annulled Shields Solicitors. LAW SOCIETY LAW SOCIETY PROFESSIONAL TRAINING PROFESSIONAL TRAINING Centre of Excellence for ProfessionalCentre of Excellence Education for and Training Professional Education and Training To view our full programme visit www.lawsociety.ie/Lspt ToDATE view ourEVENT full programme visit www.lawsociety.ie/Lspt DISCOUNTED FULL FEE CPD HOURS DATE EVENT DISCOUNTEDFEE* FULL FEE CPD HOURS FEE* 8 June Data Protection: GDPR an introduction – €95 2 General (by Group Study) 8 June Datain partnership Protection: with the GDPR Intellectual an introduction – Property & Data Protection Law €95 2 General (by Group Study) inCommittee partnership with the Intellectual Property & Data Protection Law Committee 8 June A practitioners guide to Immigration and inward €95 2 General (by Group Study) 8 June investment-keepingA practitioners guide Ireland to Immigration open for Business and inward – €95 2 General (by Group Study) investment-keepingin partnership with the EU Ireland & International open for Affairs Business Committee – in partnership with the EU & International Affairs Committee 16 June Skillnet Cluster - 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LSPT June Ad 2017.indd 1 24/05/2017 12:08

LSPT June Ad 2017.indd 1 24/05/2017 12:08 Law Society Gazette | gazette.ie June 2017 69 PROFESSIONAL NOTICES NOTICES

named deceased, of if any firm RATES is holding same, please contact Niamh Kavanagh, O’Donnell Waters Solicitors, Merchants PROFESSIONAL NOTICE RATES Dock, Merchants Road, Gal- RATES IN THE PROFESSIONAL NOTICES SECTION ARE AS FOLLOWS: way; DX 4532 Mary Street; tel: 091 568 880, email: info@ • Wills – €147 (incl VAT at 23%) odonnellwaterssolicitors.com • Title deeds – €294 per deed (incl VAT at 23%) • Employment/miscellaneous – €147 (incl VAT at 23%) McCarty, Eileen (deceased), late of 66 Bangor Road, Crumlin, HIGHLIGHT YOUR NOTICE BY PUTTING A BOX AROUND IT – 33 EXTRA € Dublin 12, who died on 11 January ALL NOTICES MUST BE PAID FOR PRIOR TO PUBLICATION. CHEQUES SHOULD BE 2017. Would any person having MADE PAYABLE TO LAW SOCIETY OF IRELAND. Deadline for July 2017 Gazette: 21 June. knowledge of the whereabouts of any will made by the above-named For further information, contact the Gazette office on tel: 01 672 4828. deceased please contact Karen No recruitment advertisements will be published that include references to ranges of post-qualification experi- O’Neill & Associates, Solicitors, ence (PQE). The Gazette Editorial Board has taken this decision based on legal advice, which indicates that 1 Main Street, Malahide, Co Dub- such references may be in breach of the Employment Equality Acts 1998 and 2004. lin; tel: 01 845 3344, email: info@ oneillassociates.ie

WILLS any person having knowledge of farnham, Co Dublin, and/or McDermott, James (otherwise Barry, David (deceased), late of the whereabouts of any will made Abbeyview, Rathfarnham, Co Jim) (deceased), late of 58 Clon- 50 Dargle Road, Blackrock, Co by the above-named deceased Dublin. Would any person having keen, Fairyhouse Road, Ratoath, Dublin, who died on 4 May 2017. please contact Lorraine McCoy, any knowledge of any will made Co Meath, who died on 8 January Would any person having knowl- T Sheridan & Co, Solicitors, Bai- by the above-named deceased, 2017. Would any person having edge of the whereabouts of any lieborough, Co Cavan; tel: 042 966 who died on 21 November 2016, knowledge of the whereabouts will made or purported to have 5377, email: [email protected] please contact Patricia Cranny of any will made or purported to been made by the above-named of PG Cranny & Company, have been made by the above- deceased, or if any firm is holding Black, William (deceased), late of Solicitors, 230 Swords Road, named deceased, or if any firm is same, please contact Eoin Bros- Cappagh, Bansha, Co Tipperary, Santry, Dublin 9; DX 101005 holding same, please contact Cora nan, Niall Brosnan & Co, Solici- who died on 4 May 2017. Would Drumcondra; tel: 01 842 2919, Higgins, Regan McEntee and tors, 5 St Anthony’s Place, College any person having knowledge of email: [email protected] Partners, Solicitors, High Street, Street, Killarney, Co Kerry; DX the whereabouts of a will made by Trim, Co Meath; DX 92 002 51007 Killarney; tel: 064 663 2505, the above-named deceased please Feeney, Helen (otherwise Trim; tel: 046 943 1202, email: email: [email protected] contact Drumgoole Solicitors, 102 Ellen) (deceased), late of Ross- [email protected] Upper Drumcondra Road, Dublin hill, Roscam, Galway, who died Bennett, Michael (deceased), 9; tel: 01 837 4464, email: info@ on 23 December 2016. Would McNally, Marie Louise (de- late of 3 Abbeycourt, Frenchpark, drumgooles.ie any person having knowledge ceased), late of Ashbury Nurs- Co Roscommon, and formerly of the whereabouts of any ing Home, 1A Kill Avenue, Dun of Mullagh, Co Cavan, who died Fallon, Frank (deceased), late of will made or purported to Laoghaire, Co Dublin (formerly on 10 May 2015 (approx). Would either 42 Ballytore Road, Rath- have been made by the above- of 58 Albert Road Lower, Glen- 70 June 2017 Law Society Gazette | gazette.ie NOTICES PROFESSIONAL NOTICES

ageary, Co Dublin), who died Plunkett, Georgina (née Foley & Co, solicitors for Maria tons Unlimited Company of on 21 February 2017. Would Cavanagh) (deceased), late of L O’Brien, Station Road, Bage- Heatonhouse, IDA Business any person having knowledge of Glengara Park Nursing Home, nalstown, Co Carlow; tel: 059 972 Park, Whitestown, Tallaght, the location of the original will Lower Glenageary Road, Dun 1219, fax: 059 972 1592, email: Dublin 24, in respect of the executed by the above-named Laoghaire, Co Dublin, and pre- [email protected] property known as 4 Cathedral deceased, or if any firm is hold- viously of Trinity, Ashford, Co Street, Dublin 1 ing same, please contact Justin Wicklow, predeceased by her In the matter of the Landlord Take notice that any person hav- McKenna of Partners at Law, husband George. Would any and Tenant Acts 1967-2005 and ing any interest in the freehold Solicitors, 8 Adelaide Street, Dun person having knowledge of any in the matter of the Landlord estate or any intermediate inter- Laoghaire, Co Dublin; tel. 01 280 will made by the above-named and Tenant (Ground Rents) (No ests in the following property at 4 0340, email: [email protected] deceased, who died on 21 April 2) Act 1978 and in the matter re- Cathedral Street, Dublin 1: all that 2016, please contact AC Forde & garding the premises known as and those the house and premises Maher, John (deceased), late Company, Solicitors, 14 Lansd- ‘Rockview’, Sandhill Road, Bal- formerly known as 4 Tyrone Place of 2 Cedarmount, St Bridget’s owne Road, Dublin 4; tel: 01 660 lybunion, in the county of Kerry and now known as 4 Cathedral Church Road, Stillorgan, Co 8955, email: [email protected] – Mary Moloney (applicant) Street and formerly in the posses- Dublin, and formerly of 41 Take notice any person having sion of John Cavanagh, deceased, Allen Park Road, Stillorgan, Toolen, Esther Margaret (de- any interest in the freehold estate measuring on the north side front- Co Dublin, who died on 29 Janu- ceased), late of 118 Ballyfermot of the following property: ‘Rock- ing Tyrone Place, 22 feet, in the ary 2017. Would any person hav- Crescent, Dublin 10, who died on view’, Sandhill Road, Ballybunion, rear on the south side 21 feet, one ing knowledge of a will executed 5 January 2016. Would any person in the county of Kerry. inch, on the east side from front to by the above-named deceased having knowledge of the where- Take notice that Mary Mo- rear 38 feet, three inches, and on please contact Michael Sheil abouts of a will made in early 2000 loney (the applicant) intends to the west side from front to rear 39 & Partners, Solicitors, Temple by the above-named deceased submit an application to the coun- feet, be the same several measure- Court, Temple Road, Blackrock, please contact Katherine Toolen, ty registrar for the county of Kerry ments more or less and which said Co Dublin; tel: 01 288 1150, 21 Ballyfermot Avenue, Dublin for acquisition of the freehold premises are described in the fee email: [email protected] 10; tel: 01 687 3168 or 089 480 interest in the aforesaid proper- farm grant dated 12 January 1901 8683, email: katherinetoolen@ ties, and any party asserting that between (1) Catherine Lynch Mitchell, John (deceased), late hotmail.com they hold a superior interest in the and (2) John Henry Cronin and of 33 Clareville Court, Glasn- aforesaid premises (or any of them) Edmund William Eyre as all that evin, Dublin 11, and formerly of Walls, Edward, aka Edward are called upon to furnish evidence lot or piece of ground situate ly- Moore North, Ballydangan, Ath- Joseph Walls, aka Eamon of the title to the aforementioned ing and being on the south side of lone, Co Roscommon, who died (deceased), late of Kilbrew De- premises to the below named Elephant Lane in the city of Dub- on 16 January 2017. Would any mesne Recuperation and Nurs- within 21 days from the date of lin, containing in breadth to the person having knowledge of the ing Home, Ashbourne, Co this notice. front 21 feet or thereabouts, in whereabouts of any will made by Meath, and formerly of (1) 127 In default of any such no- breadth in the rear the like number the above-named deceased please Griffith Hall, Marino, Dublin 9; tice being received, the applicant of feet, and in depth from front to contact Elaine Bannerton, solici- (2) Apartment 5, 24 McCurtain intends to proceed with the appli- rear 39 feet or thereabouts, be the tor, Hutchinson Davidson & Son, Street, Cork City; (3) 7 Newrow, cation before the county registrar same more or less with the rights, Solicitors, Bridge Street, Ball- Glenarm, Co Antrim, Northern at the end of 21 days from the date members and appurtenances to inasloe, Co Galway; tel: 090 964 Ireland, who died on 27 January of this notice and will apply to the said premises belonging and ap- 2143, fax: 090 964 4077, email: 2017. Would any person having county registrar for the county pertaining, which said premises [email protected] knowledge of the whereabouts of of Kerry for directions as may be are situate lying and being in the any will made the above-named appropriate on the basis that the parish of St Thomas and city of Murphy, Dorothy (otherwise deceased please contact Erin Bro- persons beneficially entitled to Dublin, held under a lease dated Dot) (deceased), late of 1A gan, MacGeehin Toale Solicitors, the superior interest including the 1 February 1901 between (1) John Havelock Place, off Bath Avenue, 10 Prospect Road, Glasnevin, freehold reversion in the aforesaid Henry Cronin and Edmund Wil- Sandymount, Dublin 4 (formerly Dublin 9; tel: 01 830 7799, email: premises are unknown or unascer- liam Eyre and (2) Joseph Boyers known as 1A Havelock Square, [email protected] tained. from 7 February 1901 for the term off Bath Avenue, Sandymount, Date: 2 June 2017 of 200 years subject to the yearly Dublin 4), who died on 8 Nov- TITLE DEEDS Signed: Paul Cannon (solicitor for the rent of £30. ember 2005. Would any person O’Brien, L Maria (deceased), applicant), Purtill Solicitors, No 18A Take notice that Heatons having knowledge of the where- late of Ballyogan, Graiguenaman- The Square, Listowel, Co Kerry Unlimited Company, being the abouts of any will made or pur- agh, Co Kilkenny, formerly of entity now holding the said prop- ported to have been made by the ‘High Tor’, Rathmullen Road, In the matter of the Landlord erty, intends to submit an applica- above-named deceased, or of any Drogheda, Co Louth. Would any and Tenant (Ground Rents) Acts tion to the county registrar for the firm that is holding same, please person having information with 1967-2005 and in the mat- city of Dublin for the acquisition contact Gerald Griffin, solicitor, regard to the title deeds of 17 ter of the Landlord and Tenant of the freehold simple estate or of St Paul’s Church, North King Kirkwood Park Avenue, Sandy- (Ground Rents) (No 2) Act 1978 any intermediate interests in the Street, Dublin 7; tel: 01 617 4846, mount, Dublin 4 (owner Maria L (as amended) and in the mat- aforesaid property, and any party email: [email protected] O’Brien), please contact John M ter of an application by Hea- asserting that they hold a superior Law Society Gazette | gazette.ie June 2017 71 PROFESSIONAL NOTICES NOTICES

interest in the aforesaid property and Tenant (Ground Rents) (No county/city of Dublin for acqui- (or any of them) are called upon to 2) Act 1978 and in the matter of sition of the freehold interest in furnish evidence of the title to the application by William S Jagoe the aforesaid properties, and any Is your client aforementioned property to the and Denise Rebecca Jagoe of party asserting that they hold a below named within 21 days from 11 Park Avenue, Sandymount, superior interest in the aforesaid interested in the date of this notice. Dublin 4 premises (or any of them) are selling or buying In default of any such no- All that and those the plot of called upon to furnish evidence tice being received, the applicant ground being part of the garden of the title to the aforementioned a 7-day liquor intends to proceed with the ap- of the dwellinghouse and prem- premises to the below named licence? plication before the county regis- ises known as 21 Gilford Drive, within 21 days from the date of trar at the end of 21 days from the Sandymount, in the parish of St this notice. date of this notice and will apply Mary, in the city of Dublin, held In default of any such notice If so, contact Liquor to the county registrar for the city under indenture of lease dated being received, William S Jagoe Licence Transfers of Dublin for directions as may 1 March 1937 and made be- and Denise Rebecca Jagoe intend be appropriate on the basis that tween William Kavanagh, Wil- to proceed with the application Contact the person or persons beneficially liam James Kavanagh and Robert before the county registrar at the entitled to all superior interests Smyth of the one part and Maire end of 21 days from the date of 0404 42832 up to and including the fee simple Barrett and Mary Barrett of the this notice and will apply to the in the aforesaid property are un- other part for a term of 145 years county registrar for the county/ known or unascertained. from 12 March 1936, subject to city of Dublin for directions as Date: 2 June 2017 a yearly rent of ten guineas ster- may be appropriate on the ba- entitled to the superior interest Signed: McCann FitzGerald (solici- ling, which ownership of the plot sis that the persons beneficially including the freehold reversion tors for the applicant), Riverside One, of ground is in the ownership of in each of the aforesaid premises Sir John Rogerson’s Quay, Dublin 2 the applicants. are unknown or unascertained. Take notice that William S Date: 2 June 2017 In the matter of the Landlord Jagoe and Denise Rebecca Jagoe www.FOL.ie Signed: Peter J McKenna (solicitors and Tenant Acts 1967-2005 and intend to submit an application Forensic Video Services for the applicants), 18 Sandymount in the matter of the Landlord to the county registrar for the Green, Dublin 4

SOLICITOR – REGULATORY LEGAL SERVICES (REGULATION DEPARTMENT)

SOLICITORS’ PRACTICE FOR SALE The Law Society is the professional body for the solicitors’ profession. We are inviting applications for the position of solicitor in the Regulatory County Mayo based general practice. Established in 1916, Legal Services Section. with an enviable reputation for legal expertise, the practice You will join a comprehensive regulatory legal service through our is for sale with or without retiring owner consultancy. in-house team, and be involved in both litigation and legal advice in Contact the Principal, Michael G Brennan BCL in confidence direct contentious and non-contentious matters. There will also be a policy-and- procedure development aspect to the work. In addition, you will advocate on 087 257 0251 or at [email protected] on behalf of the Society in disciplinary proceedings, and act as a solicitor on behalf of the Society in legal proceedings, as directed by the Head of Regulatory Legal Services.

Ideally, you will be a solicitor experienced in criminal and civil litigation. IF LIFE GIVES YOU LEMONS, Some experience in the management of legal services, with an ambition IF LIFE GIVES YOU LEMONS to develop as an expert in the law on regulation of solicitors, will be IFWE’RE LIFE GIVES HERE YOU TO HELP LEMONS required. WE’RE HERE TO HELP WE’REConsult HERE a Colleague TO HELP in The position, initially, will be on a two-year, fixed-term contract. Consult a Colleague now in total confidence Consult a totalColleague confidence now in total confidence Please write, enclosing your curriculum vitae, to be received no later than Thursday 15 June 2017 to:

CallCall us onus on01 01284 284 8484 8484 Maureen Seabrook Human Resources Manager Law Society of Ireland IF LIFE GIVES YOU LEMONSAll callsAll to calls the Consultto the Consult A Colleague A Colleague helpline helpline are treated are treated in the in the stricteststrictest confidence confidence - there - isthere no needis no toneed give to a givename a nameor number. or number. Blackhall Place WE’RE HERE TO HELP Dublin 7 A confidential free service from the DSBA. Consult a Colleague now in total confidence A confidential free service from the DSBA. [email protected] www.consultacolleague.iewww.consultacolleague.ie Call us on 01 284 8484

A4 Consult a collegue.indd 1 26/08/2015 15:50 All calls to the Consult A ColleagueA4 helpline Consult a collegue.indd are treated 1 in the 26/08/2015 15:50 strictest confidence - there is no need to give a name or number.

A confidential free service from the DSBA. www.consultacolleague.ie

A4 Consult a collegue.indd 1 26/08/2015 15:50 72 June 2017 FINAL VERDICT Law Society Gazette | gazette.ie

SED RISUS IN TIGRE MANEBAT LAW STUDENT IN INVISIBLE INK EXAM-CHEAT BID A university watchdog report has revealed that a law student was caught with unauthorised notes written in invisible ink during an exam, Legal Cheek reports. The unnamed female student used invisible UV ink to heavily annotate her law statute book, equating to about 24 pages of notes. The student may have smuggled an ultraviolet light into the exam, allowing her to read the secret annotations. The report states: “She was seen using the notes by other students and the invigilator, who retained the statute book as evidence.” CHANNEL YOUR INNER JUDGE DREDD GOODNESS An attempt by the Law Society to judge? Explore the process an executioner for a totalitarian GRACIOUS of England & Wales to channel http://www.lawsociety.org.uk/ fascist regime?”, while another popular culture to encourage law-careers.” asked “Will combat training be ME! solicitors to apply for judicial However, questioning the part of this ‘leap’?” The Indian Supreme Court posts has backfired, Legal society’s knowledge on all things In the comic, the futuristic has thrown out a lawsuit that Cheek reports. Dredd, the Twitterati responded. street judge has the power to used so much jargon it was The society tweeted this to “So I get to go around arrest, convict, sentence and incomprehensible, RTÉ reports. their 82,000 Twitter followers: shooting bad guys without execute criminals on the spot – “We will have to set it aside, “Channel your inner Judge following any due process? Sign probably not the sort of lad the because one cannot understand Dredd. Are you thinking of me up!”, said one. Someone else judiciary of England and Wales is this,” the Hindustan Times taking the leap from solicitor replied: “You do realise Dredd is looking for. reported the judges as saying. Even the lawyers representing the two sides in MAN ATTACKS ROBOCOP the row between a landlord and A man has been arrested for technology we developed here his tenant said they were unable allegedly knocking over a security in Silicon Valley. We are equally to understand the original robot in a car park in California happy to report that the robot order issued by a lower court: while drunk, Newstalk reports. has recuperated from his injuries “The ... tenant in the demised The 5ft tall, 23 stone and is back on patrol keeping our premises stands aggrieved by autonomous robot sustained office and employees safe again,” the pronouncement made by a number of scratches in the said Stacy Dean Stephens, vice- the learned Executing Court ‘assault’ at its manufacturer president. upon his objections constituted Knightscope’s HQ. K5 is designed to detect there before ... where within As soon as the incident was and report unusual activities the apposite unfoldments detected, the robot reported it on large outdoor spaces. It qua his resistance to the and alarms sounded. The suspect “We are incredibly proud can monitor environmental execution of the decree stood attempted to flee the scene but of the outcome and believe this conditions, wireless signals and discountenanced by the learned was detained until police arrived. to be a true testament to the car registration plates. Executing Court.”

Law Gazette 1705.indd 2 26/05/2017 09:57:28 Legal Recruitment Specialists Legal Recruitment Specialists

We provide clear advice leading to informed We provide clear advice leading to informed decision making. decision making.

We have significant new opportunities for practitioners across many practice areas from Recently We have significant new opportunities for practitioners across many practice areas from Recently Qualified to Partner level. The following are examples of the roles our clients are seeking to fill. Qualified to Partner level. The following are examples of the roles our clients are seeking to fill. Please make sure to visit our website for other positions. Please make sure to visit our website for other positions. Banking/Aviation Lawyer – 1 yr+ pqe – PP0375 The Requirements: You will be a qualified solicitor or barrister with expertise in Asset Finance – Assistant to Senior Associate Intellectual Property Specialist – TheAsset Role: Finance Our Client, – aAssistant premier corporate to Senior law firm, Associate is seeking to recruit a lawyer to bothIntellectual private and dataProperty security Specialist law gained – either in private practice or as in- Ajoin first its Banking rate solicitorand Financial is being Services sought Department for the who large act for and both domestic and houseAssociate counsel. to Senior Associate successfulA first rate Asset solicitor Finance is being Group sought of this for Bigthe large6 firm. and The AnAssociate excellent to opportunitySenior Associate has arisen for a specialist internationalsuccessful clients. Asset You Finance will be dealing Group with of asset this financeBig 6 firm. transactions The but will also An excellent opportunity has arisen for a specialist Group has unrivalled expertise specialising in aircraft and Competitionintellectual and property Regulated practitioner Markets to joinSolicitor a leading – Assistant Irish law to beGroup required has to unrivalledassist on general expertise banking specialisingmatters and capital in aircraft market transactions.and intellectual property practitioner to join a leading Irish law bigThe ticketRequirements: leasing You matters. will be aYou qualified will be Solicitor working or inBarrister asset with at least 1 Associatefirm. You – J00469will have experience of acting for a blue chip big ticket leasing matters. You will be working in asset firm. You will have experience of acting for a blue chip financeyears’ experience or in generalin aviation banking banking includingor commercial excellent lawacademics, and commercial The clientRole: An base opportunity dealing has with arisen complex in a Top matters. 6 Dublin lawYou firm will foralso a Solicitorbe to interestedawarenessfinance andor in in adeveloping stronggeneral work banking ethic.an expertise or commercial in this area. law and join aclientits team Competition base player dealing & with Regulated strongwith Markets complex technical Group matters. skills.dealing This Youwith Europeanwillrepresents also andbe a Irish interested in developing an expertise in this area. law significantaincluding team player compliance opportunity with & strong regulation. for technicalcareer There advancement is skills. a wide This variety represents for of workthe righton aoffer Banking/RegulatoryBanking Solicitor – AssociateSolicitor – to Senior Associate – J00480 in acandidate. significantbroad range ofopportunity industrial sectors. for career advancement for the right NewlyTheBanking/Regulatory Role: Qualified This Top 6 Dublinto AssistantSolicitor law firm –requires an experienced solicitor to join its The candidate.Requirements: You will have experience of mid to top tier practice coupled ABankingNewly pre-eminent Qualifiedand Finance Dublin toGroup Assistant based dealing corporate with Irish and law international firm is seeking banks and also withLitigation/Defence a strong academic background Personal and Injury excellent – Associate technical skills. tofinancialA pre-eminentrecruit institutions a solicitor Dublin and to corporations. joinbased its corporateBanking and law Financial firm is seeking OurLitigation/Defence Client, an Insurance Personal and RiskInjury law – Associatefirm, is seeking to ServicesTheto recruit Requirements: Groupa solicitor Theto work roleto joinin on question itsfinancing Banking is for antransactions and experienced Financial solicitorand who can CommercialrecruitOur Client, a Litigation/ Property/Real an Insurance Personal andEstate InjuryRisk Solicitor law Solicitor firm, – istoAssociate seekingassist in to to adviseassistServices with on aGroup regulatory wide range to work ofissues issues on financingfor including: both domestic Portfoliotransactions sales; and Securedand facilities: Seniordealingrecruit Associate a with Litigation/ all –aspects MB0012 Personal of personal Injury Solicitorinjury litigation to assist including in internationalAcquisitionadvise on and regulatory clients.infrastructure The issues finance;successful for both Regulation candidatedomestic & Compliance; andwill have Enforcement. The defendingdealingRole: Our withClient, catastrophic all a aspectsprogressive injuryof Dublin personal cases, based injuryfraudulent law firm, litigation are claims seeking including and to recruit experienceinternational in clients.consumer The regulation, successful regulatory candidate authorisationwill have an experienceddiseasedefending cases. Commercial catastrophic Property/Real injury cases, Estate fraudulentSolicitor to join claims its Commercial and applications,Corporateexperience – in Commercialloan consumer portfolio regulation, Lawyer sales and – regulatoryAssistant debt capital toauthorisation Associatemarkets. – Propertydisease Department cases. to assist both public and private sector Clients. J00307applications, loan portfolio sales and debt capital markets. The Projects/ConstructionRequirements: You will be –a Partnerqualified Solicitor with commercial property CompanyThe Role: A leadingSecretary/Senior corporate and commercialManager law firm are seeking to recruit a experienceOurProjects/Construction Client dealing is awith full-service acquisitions, – Partner international disposals, due law diligence, firm seeking landlord and OurCorporateCompany client Solicitor isSecretary/Senior a privately to join their owned long Managerestablished company and secretarial expanding Corporateand Team. tenanttoOur recruitand Client asset a ismanagement.Projects/Construction a full-service international Partner law to firmassist seeking in the trustTheOur Requirements: clientcompany is a privately basedThe successful in ownedthe IFSCcandidate company with will a bestrong secretarial an ambitious Irish andclient Solicitor based expansionto recruit a of Projects/Construction its Dublin office. You Partner will possess to assist strong in the baseintrust Dublin andcompany or extensivebe a solicitor based experience relocating in the IFSC from in dealing withanother a strong commondirectly Irish lawwith jurisdictionclient with Taxtechnicalexpansion Lawyer/Tax drafting of Consultantits Dublin skills andoffice. – 2the yrs+ abilityYou pqe will to – possessdeliverJ00359 astrong well- the following experience and attributes; Experience in corporate transactions; The Role: This Top 6 Dublin law firm is seeking to recruit a Tax Lawyer/Consultant overseasbase and clients.extensive Reporting experience directly in dealing to the MDdirectly and withmanaging focusedtechnical client drafting service, skills giving and the clear, ability timely to deliverand practical a well- legal First-rateoverseas technical clients. skills; Reporting Proven abilitydirectly to work to the as partMD ofand a team. managing to joinfocused its expanding client Tax service, Department giving to assistclear, in timely managing and and practical advising legaltheir tax a team of two initially, this role will have long term equity clientsadvice dealing coupled with a range with ofthe both pre-requisite domestic and enthusiasminternational tax for matters. and You potentiala team of upon two initially,graduating this torole position will have of Directorlong term for equity Dublin. experienceadvice coupled in, business with the development. pre-requisite enthusiasm for and Corporatepotential upon Solicitor graduating – 5 yrs+ to positionpqe – J00445 of Director for Dublin. will haveexperience a genuine in, interest business in building development. a career specialising in tax. The Role: Our Client, a fast growing commercial law firm based in Dublin’s City The Requirements: You will be a professional with a qualification in law, CommercialCentre, are seeking Property to hire an– Associateexperienced toSolicitor Senior to joinAssociate it’s Corporate Team. accountancyTaxation or Solicitor tax looking – toAssistant work in a topto Associatetier firm bringing with you initiative OurCommercial Client is aProperty long established – Associate mid-tier to Senior practice Associate seeking OurTaxation client, Solicitor one of the – Assistant fastest growing to Associate law firms in Ireland TheOur Requirements: Client is a Thelong successful established Candidate mid-tier will be practice a 5-year+ seekingqualified Corporate and Ourenthusiasm client, onewith ofan the excellent fastest academic growing record law firms and either in Ireland hold a tax anSolicitor Associate with experience Solicitor in generalto join commercialtheir growing contract commercial work including advising qualificationhas an immediate or be working need towards for one.a Taxation Solicitor to meet propertyan Associate department. Solicitor Youto join will their have growing a proven commercial track record in clienthas an demand immediate and needa rapidly for aexpanding Taxation Solicitor client base. to meet You will Clientsproperty on; department.Joint Ventures; You Mergers will have and aAcquisitions; proven track Corporate record inFinance; client demand and a rapidly expanding client base. You will theCorporate property Governance. arena dealing with: EUbe Competition AITI qualified Solicitor with experience – Assistant of todealing Associate with tax – MB0024 matters •the Sales property and Acquisitions; arena dealing with: The forbeRole: AITIdomestic An qualifiedopportunity and internationalhaswith arisen experience in a Topcorporate 6of Dublin dealing clients. law firmwith taxfor a mattersSolicitor to •Privacy/IT• CommercialSales and Lawyer Acquisitions; Lettings; – Associate to Senior Associate – MB0018 join forit’s domesticEU Competition and andinternational Regulatory Group.Therecorporate clients. is a wide range of work •The• LandlordCommercial Role: Our and Client, Lettings; Tenant a full Issues;service business law firm, is seeking to recruit an on offer including EU, litigation and investigations competition and regulation, •experienced• PropertyLandlord Development;lawyerand Tenant to join it’sIssues; Privacy and Data Security Team dealing with market dominance, public procurement law and state aid rules. •all• Real Propertyissues Estate pertaining Development; Finance. to data protection and privacy law compliance. This is a The Requirements: You will have 2+ years pqe coupled with a strong academic complex• Real Estate and rapidly Finance. evolving area of law advising Clients on a global scale. background and excellent technical skills.

For more information on these and other vacancies, please visit our website or contact Michael Benson bcl solr. inFor strict more confidence information at: on Benson these and& Associates, other vacancies, Suite 113, please The visitCapel our Building, website orSt. contactMary’s MichaelAbbey, Dublin Benson 7. bcl solr. in strict confidence at: Benson & Associates, Suite 113, The Capel Building, St. Mary’s Abbey, Dublin 7. T +353 (0) 6703997 E [email protected] www.benasso.com T +353 (0) 6703997 E [email protected] www.benasso.com