LAW SOCIETY GAZETTE • Vol 112 No 3 Let the wookie win Howzat! Inspection reflection The GDPR is nearly upon Cecelia Joyce combines a A practical guide for firms us – here’s what you need to high-flying legal career with facing a routine or triggered know about DPOs international cricket Law Society inspection

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THE MAMMOTH IN THE ROOM

pril is upon us. We have Protection Regulation in order to be GDPR ready seen off the ravages of ‘The – and to exercise caution in how you handle and Beast from the East’. Most of deal with your own and others’ data. Ireland closed for a few days, but community spirit came to Spring gala beckons the fore. Messages from the The Law Society’s Spring Gala Dinner takes Government – from the Kildare Street bunker of place on Friday 27 April at the Shelbourne the National Emergency Coordination Centre Hotel, Dublin. This black-tie event will bring A– were relayed by Teresa Mannion and others, together members of the profession from across whose advice urged us to stay indoors and avoid Ireland, providing an opportunity to enjoy unnecessary journeys. Most obeyed the orders the company of colleagues, while supporting a and, though discommoded, the diktat worked. A very worthy cause. All profits raised will go to good time for Government. the Solicitors’ Benevolent Association (SBA). A greater mammoth, however, is coming in On behalf of the more vulnerable members of the form of the GDPR. How many of us are our profession and their dependent families, ready? Will it change our data practices greatly? I am asking you for your support. Journalist, The answer is, yes. Solicitors hold considerable broadcaster and former solicitor Miriam amounts of information of a personal and commercial nature on clients. From May, we will have to comply with more regulations regarding its storage. The Office of the Data Protection Commissioner has increased resources to THE SOLICITORS’ BENEVOLENT FUND implement data protection, which is about the PAYS OUT ALMOST €50,000 EVERY fundamental right to privacy. MONTH TO ASSIST THOSE IN NEED Privacy compromised However, we as individuals – and certain social media corporates – consistently diminish our rights to privacy on a daily basis. The smartphone O’Callaghan will be our MC on the night, is a major culprit. We pay bills by phone, we while impressionist and satirist Oliver Callan listen to music, we email, and some play games on will be our guest speaker. them – but on every occasion we use them, our Bookings for the gala dinner can be made privacy may be compromised. The big companies online at www.springgala.ie, or by contacting – Facebook, Google, LinkedIn, Twitter, Google, Orla O’Malley at [email protected] or and others – know more about us than we do tel: 086 807 5383. Even if you can’t attend, I ourselves. They know where we shop, what we would encourage you to make a donation to the buy, what we eat, what we drink, what we drive, SBA through the Law Society. how fit we are, where we are, what we’re looking The SBA fund needs considerable resources for, and who we know. every year to fulfil its obligations. It pays out What is dangerous about this undermining of almost €50,000 every month to assist those privacy is that we accept it passively – and mostly members and former members of the profession, without our knowledge. I urge you to read articles, their families, and immediate dependants who MICHAEL QUINLAN, including those in the Gazette, on the General Data are in need, across the island of Ireland. PRESIDENT 2 April 2018 CONTENTS Law Society Gazette | gazette.ie

gaLAW SOCIETY ette COVER: CIAN REDMOND/REXFEATURES LAW SOCIETY GAZETTE • Vol 112 No 3 Let the wookie win Howzat! Inspection reflection Volume 112, The GDPR is nearly upon Cecelia Joyce combines a A practical guide for firms us – here’s what you need to high-flying legal career with facing a routine or triggered know about DPOs international cricket Law Society inspection number 3

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APRIL 2018

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Editorial board: Michael Kealey (chairman), Mark McDermott (secretary), Patrick Ambrose, Aoife Byrne, Ken Casey, Mairéad Cashman, Tracy Cruikshank, Hilary Forde, Richard Hammond, Teri Kelly, Patrick J McGonagle, Aisling Meehan, Heather Murphy, Ken Murphy, Andrew Sheridan

No material from the Gazette may be published or used without the permission of the copyright holder. The Law Society of Ireland can accept no responsibility for the accuracy of contributed articles or statements appearing in this magazine, and any views or opinions expressed are not necessarily those of the Law Society’s Council, save where otherwise indicated. No responsibility for loss or distress occasioned to any person acting, or refraining from acting, as a result of the material in this publication can be accepted by the authors, contributors, editor or publishers. The editor reserves the right to make publishing decisions on any advertisement or article submitted to this magazine, and to refuse publication or to edit any editorial material as seems appropriate to him. Professional legal advice should always be sought in relation to any specific matter.

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50 28 66

FEATURES

36 Top dogs 46 Talkin’ ’bout a revolution The US has pioneered the concept of ‘courthouse dogs’ In response to the Ukrainian ‘Revolution of Dignity’, the – trained facility dogs that are allowed to accompany EU Advisory Mission to Ukraine was established. Lynn vulnerable participants in Sheehan describes its work and progress court processes. Patricia Hynes goes walkies 50 Discovery when you’re David When it comes to discovery, smaller parties in large- scale discovery struggles need to choose their battlefield wisely. Ben Clarke fires his sling

42 See, DPO 54 New direction Eoin Cannon and Siobhán Coen look at the duties of data Practitioners acting in public procurement contracts protection officers, when they’re needed, and who should should heed the decision of the Court of Appeal in Word be appointed to the role Perfect, argues Aoife Beirne. It may well result in the reversal of previous jurisprudence

REGULARS

4 The big picture 32 Comment Standout photo of the month 32 Viewpoint: ‘For’ and ‘against’ ‘#MeToo’ 35 Letters 6 People 58 Book reviews News EU Data Protection Law and Tax Havens and 9 International Human Rights 22 Social news 22 The law gets down with the kids 60 Briefing 60 Practice notes 24 Profile: Cricketer and solicitor Cecelia Joyce 63 SBA accounts 2017 65 Regulation 26 Analysis 66 Eurlegal: Trademark found to be against public policy 26 PC numbers in the corporate sector 28 A practical guide to dealing with an audit by the Law Society’s Regulation Department 68 Professional notices 30 What role should victims play in decisions relating Final verdict to the parole of an offender? 72 4 April 2018 IN FOCUS Law Society Gazette | gazette.ie

THE BIG PICTURE PIC: GETTY IMAGES Law Society Gazette | gazette.ie IN FOCUS April 2018 5

IN THEIR SHOES Following the killing of 17 people by a student with an AR-15 rifle at Marjory Stoneman Douglas High School in Parkland, Florida, on 14 February, protesters spread out 7,000 pairs of shoes – represent- ing all the children killed by gun violence since the mass shoot- ing at Sandy Hook Elementary School in 2012 – on the lawn on the east side of the Capitol Build- ing, Washington DC. The poig- nant action was taken to urge Congress to pass gun-reform leg- islation. Each year, approximately 1,300 children die from gunshot wounds in the US – that’s three every day 6 April 2018 PEOPLE Law Society Gazette | gazette.ie

LOUTH’S DAY IN COURT PIC: KEN FINEGAN, NEWSPICS PHOTOGRAPHY

The County Louth Solicitors’ Bar Association (CLSBA) held its AGM at Dundalk Courthouse on 12 March 2018. The meeting was attended by (front row, l to r): John McGahon (treasurer), Michael Quinlan (president, Law Society), Catherine MacGinley (president, CLSBA), Ken Murphy (director general) and Rory O’Hagan (secretary); (second row, l to r): James MacGuill, Fergus Mullen, Conor MacGuill, Paul Eaton, Gary Matthews and Richard McDonnell; (third row, l to r): Paul Tiernan, John McKenna, Simon McArdle, Sharon McArdle, Olivia McArdle and Donal O’Hagan; (fourth row, l to r): Michael Allison, Catherine Allison, Ciaran Hughes, James Murphy, Niall O’Hagan and Sara McDonnell; (back row, l to r): Emma Holden, Aimée McCumiskey, Aoife McGuinness, Niall Breen, Barry Callan and Francis Bellew MASTER’S IN LAW KEEPING AN EYE ON FOR AOIFE THE ROAD AHEAD PIC: CIAN REDMOND

Cork-based solicitor Aoife Byrne (who is a member of the Gazette editorial At the launch of the new edition of Robert Pierse’s book 1961-2017 Road Traffic board) was conferred with a Master’s in Law at UCC on 22 February. Modules Legislation at Blackhall Place on 22 March were Minister for Justice Charlie included juvenile justice, child-care law, and employment law. Her thesis was on Flanagan, Minister for Culture, Heritage and the Gaeltacht Josepha Madigan, the Hague Convention (child abduction) the Law Society’s junior vice-president Michelle Ní Longáin and Riobard Pierse Law Society Gazette | gazette.ie PEOPLE April 2018 7

SOUTHERN LIGHTS

The council of the Southern Law Association (SLA), with guests, attending the annual dinner on 23 February at Maryborough House Hotel (front, l to r): Amy Murphy, Emma Neville, Richard Hammond (vice-president, SLA), Joan Byrne (president, SLA), Michael Quinlan (president, Law Society), Sean Durcan (treasurer, SLA) and Juli Rea; (back, l to r): Dermot Kelly, Robert Baker, Gerry O’Flynn, Fiona Twomey, Don Murphy, Ken Murphy (director general), Jonathan Lynam, Kieran Moran and John Fulle

(Front, l to r): Ken Murphy, Joan Byrne (president, SLA), Edel Morrissey (president, Waterford Law Deirdre O’Mahony (county registrar), Judge Brian Society) and Michael Quinlan; (back, l to r): Ian Huddleston (senior vice-president, Law Society of O’Callaghan and Emma Neville Northern Ireland), Patrick Dorgan (senior vice-president, Law Society), Richard Hammond (vice- president, SLA) and Robert Ryan (president, DSBA) 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 NEWS | BRIEFS April 2018 9

JUDGE CONFIRMS ROAD- TOP FIRM TRAFFIC LAW ENFORCEMENT TESTS TECH Judge Matthew Deery has con- lished his third annual report on firmed substantial compliance the cancellation policy for the with fixed-charge processing FCPS. system (FCPS) policy and pro- Justice Minister Charlie Fla- cedures, in line with the Garda nagan said that he was pleased Professional Standards Unit that Judge Deery’s 2017 report requirement to examine the continued to confirm “substan- matter. tial compliance” with FCPS pol- A ‘legal hackathon’ competi- Appointed as the independent icy and procedures, acknowledg- tion for law students at McCann oversight authority in January ing the contribution this makes FitzGerald on 24-25 March saw 2015, Judge Deery has pub- to road-traffic enforcement. a ‘white-collar reporting advi- sory’ declared the winning app. Using a platform developed by PIERSE’S NEW TRAFFIC LAW EDITION New York firm Neota Logic, PIC: CIAN REDMOND A new edition of Robert Pierse’s which provides automated 1961-2017 Road Traffic Legisla- legal services, the winning team tion (published by Bloomsbury), devised an ‘automated exper- was launched at the Law Society tise’ questionnaire to establish on 22 March. the existence, or otherwise, of The Listowel-based solicitor reportable malpractice. (80) is an acknowledged expert “Our platforms can deliver on road traffic law in Ireland, legal advice via machines,” which he described as “a total said Kevin Mulcahy of Neota mess”. During the launch, he Logic. “It is highly significant pleaded with Justice Minister that McCann FitzGerald now Charlie Flanagan, who launched describes itself as a law firm the book, to “reform and con- that sells software to clients and solidate” the law and bring it non-clients,” he said. into line with modern realities, such as driverless cars. Judge John O'Neill, Robert Pierse and Riobard Pierse CPD BOUND FRY SCOOPS AWARD BONANZA Top-four managing partner An upcoming Family Lawyers FOR THE Bryan Bourke of William Fry won Association of Ireland confer- ‘European managing partner of ence offers an upskilling bonanza BENCH the year’ at The Lawyer Euro- of seven CPD points for a one- Two solicitors have been pean Awards 2018 in London day event. appointed to the District Court. on St Patrick’s Day. The honour The conference, at the Mull- Geraldine Carthy, who practises recognises strategic vision, lead- ingar Park Hotel on 30 April, with Reidy Stafford in Kildare, ership, innovation and creativity. will covers topics such as cohabi- and Ennis-based Mary Cashin Accepting the award, Bourke tation, the Mediation Act, devel- were named by the Govern- commented that, as managing opments in the recognition of ment on 20 March. Senior coun- partner, he had focused on cre- polygamous marriages, and sel Denis McDonald has been recent Court of Appeal deci- ating a dynamic and positive Bryan Bourke appointed to the High Court. work environment and hiring the sions. Meanwhile, Judge Gerard best in the market. Bourke has this year from more than 135 The cost is €70 for members Jones has been assigned to the just been appointed to a second firms across Europe, showcasing and the newly qualified, with an Dublin Metropolitan District term in the role at the firm. their best legal work across 24 early-bird discount ahead of 16 Court. There were 200 submissions categories. April. 10 April 2018 NEWS Law Society Gazette | gazette.ie

‘STRONG ROLE MODELS’ LEAD TO SURGE IN WOMEN LAWYERS Strong role models in the shape “We don’t have that now. We She added: “Law is a challeng- of two female lawyers – presidents have women in senior roles in ing job. It is a demanding job Mary McAleese and Mary Robin- those areas, and that has hap- because we’re in client service.” son – have helped lead to a surge pened or is happening in many She pointed out that 20% of the in women taking up legal careers. firms. In Ireland, in the ten larg- profession was now employed in That’s according to Law Society est firms, 35% of the partners are the in-house sector, with women junior vice-president Michelle Ní women. comprising 68% of that number. Longáin, who was interviewed on “That compares with just 18% “We’re working with our cli- RTÉ’s Drivetime by Mary Wilson in the ten largest firms in Eng- ents in their businesses, organ- on 26 March, as figures now show land and Wales, so we have pro- isations, and personal lives at women are in the majority in the gressed apace in the Republic of critical times for them, providing solicitors’ profession. Ireland. We’re doing something advice – and there are challenges The first woman was admit- right. It is a career that women in all of that in making things ted to the profession in Ireland are seeing as open to them, and work for our own families and 95 years ago. Asked whether Michelle Ní Longáin I think they see that there is real lives. But people do that and they the profession had changed as a opportunity to progress.” choose different ways of doing result of the greater number of factors,” she told Mary Wilson. In ByrneWallace, where it.” women serving in it, Ní Longáin Ní Longáin commented that Catherine Guy is the managing With regard to work/life bal- said that women were enter- she had been fortunate in hav- partner, the number of female ance, Ní Longáin said that both ing an interesting, challenging ing senior women role-models partners is even higher, at 49%. men and women were seek- career with opportunities to take since her time as an apprentice in Women have role models across ing different ways of working, up a variety of diverse roles. Belfast in the early 1990s. Com- all areas of practice. whether by reducing hours or Ní Longáin is a partner with menting on changes in women’s working from home using tech- Dublin firm ByrneWallace and roles in law by reference to her Mentoring programme nology. said that the law was embedded own firm, she said: “Women are Ní Longáin said that the Law She concluded by observing with important social values that well represented across all areas Society’s women in law mentor- that clients liked to see both women were keenly interested in. … such as corporate and banking ing programme offered women men and women in senior roles, “It’s also a good solid career and property – areas that might at mid-career level the necessary because a good balance offered a path, with opportunities to prog- have been perceived as being supports to progress to more greater perspective in voices and ress. I think they are important more male dominated in the past. senior levels. understanding. GAME ON WITH SPORTS MOOC

‘Sports law – the challenges on and management, regulation and off the field of play’ will be and good governance of the the Diploma Centre’s 2018 mas- sports sector, commercialisation sive open online course (MOOC), of sports (sponsorship, ticketing, which starts on Tuesday 8 May. broadcasting and merchandising MOOCs are free online courses arrangements), and disciplin- open to all, and they form part of ary procedures (on and off the the Society’s public legal educa- pitch.). tion initiative. Expert panellists will pro- Since their first launch in 2014, vide insights into emerging these courses have attracted those taking part to en- sports development personnel, trends in sports law, such as over 9,000 participants from over gage directly with legal experts. and lawyers advising on sports ‘eSports’, wearable technology, 60 countries. This MOOC will address key law. It will tackle sports rules and anti-doping, match-fixing and They feature online recorded sports law issues – both on and regulations, appropriate policies concussion. and streamed presentations, off the pitch – at amateur and and procedures, child protec- The MOOC will run for five interactive discussion forums professional levels, and will be tion, data protection, liability weeks. To sign up, visit https:// and quizzes, and they allow relevant to managers, coaches, for clubs, protection of players mooc2018.lawsociety.ie. Law Society Gazette | gazette.ie NEWS April 2018 11

IRELAND LEADING THE WAY IN FEMALE PARTNERSHIP FIGURES As the Law Society was proud to the American Bar Association economic background, religion, proclaim in 2015, the first legal reported that just 22% of part- and sexual orientation is more profession in the world where ners were women in 2016. entrepreneurial and hospitable the majority of practising mem- to new ideas. Solicitors’ firms bers is female was the solicitors’ March towards equality know that implementing poli- profession in Ireland, writes Teri This is not to say that we can’t cies of diversity and equality is Kelly (Law Society Director of Rep- do more to promote equality at not just the right thing to do. It resentation and Member Services). all levels of the solicitors’ profes- is also good for their businesses, Women now comprise 52% sion, including at partner level. the profession, and the public. of the profession. Irish solicitors Change doesn’t happen over- As Michelle Ní Longáin are leading the rise of women in night, so members of the pro- explained on Drivetime: “Hav- the legal profession globally – not fession and the Law Society are ing men and women in senior just in total numbers, but also in actively supporting women to roles provides a good balance representation at the most senior reach senior positions through with different perspectives, levels. mentoring and return-to-work Teri Kelly voices and understanding.” The It was reported recently in programmes. firm in which Michelle is a part- The Irish Times that, in February The Law Society has run the families and their own lives. ner, ByrneWallace, practises this 2017, a total of 33% of partners ‘Law and Women Mentoring Many women and men take principle. The seventh largest in the six largest firms in the Programme’ for three years to extended career breaks to fulfil firm in the State has 39 partners, country were women. In March help more women reach part- family care commitments and, of which 19 (49%) are women. 2018, this percentage had grown ner and managing partner level here too, the Society works to help In the next two issues of the to 35% in the six largest firms. in the profession. To date, 62 these members return to practice Gazette, Suzanne Carthy will This percentage is almost twice successful pairs of mentor and when they’re ready. The ‘Return report on a four-year doctoral that of the largest firms in Eng- mentee relationships have been to Work Programme’ assists solic- study of gender equality in the land and Wales, where the repre- created. The relationships often itors who have been out of work solicitors’ profession in Ireland. sentation of women partners is a comprise women in very senior for an extended period, and wish Her in-depth statistical analysis paltry 18%. roles helping women part-way to resume work, by providing the will relate the challenges that When we look at all firms up the ladder to reach more necessary information and tools female solicitors experience and in Ireland, the proportion of senior positions. for a successful return. will address gender inclusion women partners in 2018 drops Balancing commitments out- In the two years that this pro- and equality issues for employ- slightly from 35% in large firms side of work, including family gramme has been running, 34 ing firms and the profession. to 33% across the profession. needs, necessitates close manage- members have taken part, with a Women have come a long Contrast this with other jurisdic- ment. Interviewed on Drivetime further 40 members signed up to way from when Mary Dorothea tions, and the Irish profession’s on International Women’s Day, participate in 2018. Heron was admitted as Ire- leadership in gender diversity the Law Society’s junior vice- land’s first woman solicitor in becomes clear. In Australia, president Michelle Ní Longáin Strength through diversity 1923. There is, of course, more female partnership representa- explained that law is a challeng- Individual firms and the pro- work to do to promote equality tion sat at 25% in 2017. This was ing and demanding job – solici- fession generally benefit from and diversity, particularly at the up slightly from 2016, when the tors work with clients at critical diversity. A workplace that is senior level of the profession. percentage of female partners in times, and people choose ways more diverse in terms of gen- But we are moving in the right Australia was 24%. In the US, to make their job work for their der, race, culture, age, socio- direction.

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EU MUST ASK ITSELF ‘HOW DID WE GET HERE?’ ALL PICS: SAM BOAL/ROLLINGNEWS.IE Labour MP Hilary Benn told a speed, multi-layer EU as the best DCU conference recently that way to maintain unity should remaining in the customs union prevail over those who argued is the simplest and best way to for faster, closer, deeper union, continuing tariff-free trading, he said, but this would be for which is essential to the British, Europe’s citizens to decide. EU and Irish economies – north “I just hope that in making and south. that choice, the EU will, at some Benn, who is chair of the point, pause and quietly ask itself, House of Commons Brexit com- ‘How did we come to lose one mittee, said: “Has China suffered of our most important member disadvantage because it does not states?” have a trade agreement with the EU? No, and in the pocket of Delicate balance every person in this hall today In his speech to the conference, is proof of that – our mobile President Michael D Higgins said Hilary Benn: the EU needs to quietly ask itself, ‘How did we come to lose one phones.” of our most important member states?’ that, for the first time in many Trade negotiations were years, the future shape of the EU complex, he said, because they has become a matter of contesta- involved two nations, each try- tion and debate. ing to protect their vital interests, “Until social and labour rights while seeking to gain advantages are given the same priority, if not in the country with which they a higher one, as economic free- were negotiating. doms in the treaties, the latter Benn also said that the idea will prevail. These issues must that Britain had been prevented be clarified by public debate and from trading by membership of through engagement with the the EU was nonsense. The EU European street. was worried that Britain would “The laws of the market are use its freedom to gain a com- seen as, and must be experienced petitive advantage in the future. as, instrumental, not intrinsic,” However, he didn’t believe that President Higgins said, conclud- another referendum would yield ing that the economy must be At the Brexit and the Future of Europe conference in DCU were Hilary Benn a different result. (chairman, House of Commons Committee on Exiting the EU), Herman Van subordinated to the democratic Those who argued for a multi- Rompuy (first president, European Council) and President Michael D Higgins will of the people. HOGAN PONDERS FUTURE OF COMMON LAW POST-BREXIT

Mr Justice Gerard Hogan has of Justice. Perhaps it would be A discussion on the ‘porta- without reciprocal arrangements floated the possibility of a be- possible, if the Court of Justice bility of judgments’ heard the – thus limiting the efficacy of stat- spoke transnational court for a would allow it, to have a bespoke scale of the issue: there were utory instruments. post-Brexit Britain. transnational court for the UK? It 140,000 international divorces Mr Justice Hogan mused on “As lawyers, we should try to would be a bit like the EFTA Court within the EU last year and whether, post-Brexit, the influ- accommodate the political reali- [for European Free Trade Associa- 30,000 child-abduction cases. ence of EU law would be seen as ties,” he said at this year’s Four tion states] but, I suggest, based The current framework deliv- a blip in the history of common Jurisdictions Family Law Confer- in the UK with a mix of UK judges ers legal certainty to clients and law, or whether EU principles ence in Dublin on 27 January. and judges from other countries protects the autonomy of par- would leave a residual mark that “I suspect the UK would live that could, perhaps, adjudicate as ties. However, proposed Brexit would continue to influence com- with the single market – Norway closely as possible, in the Brussels withdrawal arrangements will mon law generally, and family law version – but without the Court context, on the issues,” he said. replicate EU family law – but in particular. Law Society Gazette | gazette.ie NEWS April 2018 13

LAWYERS THREATENED AS LEGACY OF THE TROUBLES CONTINUES TO PLAY OUT Belfast lawyer Pádraig O Mui- shot dead in front of his wife and Three firms in the North, righ is working in an atmosphere children in 1989, while solicitor namely KRW Law, Madden of rising intimidation and threat, Rosemary Nelson was killed by a and Finucane, and Ó Muirigh writes Mary Hallissey. car bomb in 1999. Solicitors, are now taking legal His work on legacy cases that Belfast firm KRW Law has action against The Sun for a deal with collusion between also been subject to threats and December 2016 article that pic- the security forces and Loyalist online abuse following hostile tured their staff and offices and paramilitaries – in the form of press coverage. claimed that they were involved inquests, civil actions or prosecu- KRW consultant Christopher in a ‘witch hunt’ probe of kill- tions – has put him in some per- Stanley said: ‘Unregulated social ings by British troops during the sonal danger. media avenues to vent anger Troubles. “I received a death threat three against us may soon result in British Prime Minister The- years ago and have been told violent direct action. Those in resa May also appeared to single that my movements were being the public sphere – whether pro- out human rights lawyers in her watched,” he told the Gazette. tected by [parliamentary] privi- conference speech to the Con- He was advised by the PSNI to Pádraig O Muirigh: ‘Sensationalist lege or not – must have a duty servative Party on 5 October review his personal security. media coverage doesn’t help’ of care to both their law officers 2016, when she said: “We will His work has also drawn and their legal profession not never again, in any future con- highly personalised attacks from my capacity to do my job prop- to encourage such random out- flict, let those activist, left-wing, some elements in the media. erly and to represent my clients, bursts of hatred with its fearful human rights lawyers harangue “Sensationalist media coverage who come from both sides of the results.” and harass the bravest of the doesn’t help. I’ve been pictured community. In November, Tory MP Rich- brave, the men and women of in one newspaper with a target “The Peace Process is now ard Benyon told the House our armed forces.” on my head. I’m the father of embedded in the North, but that of Commons that “extreme She made her comments just teenagers, and this kind of media could change,” he says, citing ris- nationalist-leaning individuals a day after stating that Britain coverage creates an environment ing hostility about lawyers receiv- in the Northern Ireland justice would opt out of parts of the where someone might act on that ing State funds, in the form of system” were probing wrong- European Convention on Human threat,” he says. legal aid, to pursue legacy cases. doing by British security forces Rights, in order to “put an end Speeches in the British House during the Troubles as “a form to the industry of vexatious of Commons have also criticised Duty of care of retributive politics”. The MP claims that has pursued those some solicitors and, in some This atmosphere of threat is for Newbury himself served [members of the British armed cases, linked them directly to long-standing in the North. Bel- with the British Army in the forces] who served in previous Republican clients. fast solicitor Pat Finucane was North. conflicts.” O Muirigh has also been sub- ject to verbal abuse, jostling, and hostility while in Belfast city centre with his family. He says PAROLE BOARD MAY CONFERENCE that he represents the families of The 2018 Parole Board Confer- tice Garrett Sheehan, Shane brite.ie (search ‘Parole Board victims who died on both sides of ence will take place at Black- McCarthy (Parole Board), Mic- Conference 2018’), or through the conflict and that much of his hall Place on Thursday 10 May hael Lynn SC, Paul Mageean the website of the Association firm’s work is pro bono. 2018. (commissioner, Parole Com- for Criminal Justice Research & Media coverage has also drawn The conference will examine missioners for NI), Martin Development (ACJRD). attention to the fact that his the operation of parole panel Jones (CEO, Parole Board for Registration is at 8.45am. father, Sean Murray, is a senior hearings in neighbouring jur- England and Wales), Dr Laura The conference will run from member of Sinn Féin. “That isdictions, and how to avoid Janes (legal director, The How- 9am until 1.30pm. CPD cer- my father is active in Sinn Féin problems encountered in such ard League), and Barry Dono- tificates of attendance will be may be factually correct, but the hearings. It will also explore ghue (deputy director, Office available. context in which it is presented European developments in the of the Director of Public Pros- The event is sponsored by is hostile, and it has led to abuse legal operation of parole in EU ecutions). Sheehan and Partners, and sup- and slurs on social media,” he countries and in Canada. The event is free, but book- ported by the ACJRD. (See ‘On says. “That fact is irrelevant to Speakers will include Mr Jus- ing is essential, on www.event- parole’, p30 of this Gazette.) 14 April 2018 NEWS Law Society Gazette | gazette.ie

WORKPLACE WELL-BEING SOCIETY MOOT TEAM HAVE A THINK TO REPRESENT IRELAND The recent death of a giraffe in Fota Island Wildlife Park brought to mind that, many years ago, I took my now 17-year-old son to see a newly born giraffe in the park. The new-born ruminant was sit- ting on the grass. I asked my then very young son what he thought the new arrival was doing. “He’s having a think!” he replied. Sometimes, we forget to take time just to ‘have a Dr Donna Lyons (judge), Amina Flynn (Arthur Cox), Austin Conlon and Laura think’ – or not to think at all Scanlan (both A&L Goodbody), Rachel O’Sullivan (Matheson) and Deirdre – particularly when we are Potenz (McCann FitzGerald) stressed, overthinking things, more on mediation and The Philip C Jessup Interna- The Law Society team won or under pressure. alternative dispute resolu- tional Law Moot Court Compe- the national round of the com- Christmas week 2017 tion – helping people who tition is the world’s largest event petition on 24 February. It will saw me at the funeral of an are ‘rowing’, often against of its kind, with participants com- represent Ireland at the interna- accountant in Cork. He was the tide. Helping people ing from over 645 law schools in tional final in Washington DC, 57. ‘Tragic’, ‘too young’, ‘a resolve problems is very 95 countries. The competition is which runs from 1-8 April. The heart attack’ were the com- satisfying work; helping a simulation of a fictional dispute team competed against UCC ments that abounded. By people resolve disputes between countries before the in the preliminary rounds and all accounts, overwork and even more so. International Court of Justice. against UCD in the final round. stress were responsible for I now take exercise at One team is allowed to partici- The team also won best memo- his early demise. No doubt weekends, which involves pate from every eligible school. rials, while Deirdre Potenz was clients – duty done by attend- spending time with a four- Teams prepare oral and writ- named best speaker. ing the funeral – moved on. person crew doing some ten pleadings, arguing both the We wish the team and coach actual rowing – in currachs For his wife and teenage applicant and respondent posi- Jean Tomkin the very best of on the River Lee. children, however, dealing tions of the case. luck. with his loss will be difficult, Both are good for the and the challenge of healing body, good for the mind, will take a long time. and good for the soul. I have LEGAL INTELLIGENCE In 2016, I was hospital- met a whole new group of ised with ulcerative colitis, friends. I have time to read, Half of the top ten Irish law firms There is a full CRO search inte- brought on by stress and write, enjoy a meal or a film, are now using legal intelligence grated into Courtsdesk, and the overwork. I lost two stone. It and spend time on what is platform Courtsdesk, in some national insolvency registers will knocked me flat, and it took important – family, first and form, out of 600 total users. also be integrated over time. months before I was back on foremost. I’m taking the The paid-for subscription- Another search-type offered an even keel. Since then, I’ve time to ‘have a think’. model service pulls together all is user alerts, which can be set learned to take the time to Try it, before the oppor- the court data in the country, up for up to 500,000 names, ‘have a think’. tunity passes you by. offering search, tracking, and monitoring new court mentions I do what I can for people, analysis of 593,000 Irish cases for all of those names. within reason, but not to the Bill Holohan is senior partner of involving 1.3 million parties. Time-stamped billable search- point where I end up over- Holohan Law in Cork and Dublin Users can search by plaintiff or es, to be passed directly to the worked and overstressed. and a member of the Law Soci- defendant, from every court sit- client, are also built in to the I have refocused my work. ety’s Alternative Dispute Resolu- ting in the country, and the site platform in the same way as bill- Now, I try to concentrate tion Committee. lists every case currently run- able land registry or company ning in court. searches. Law Society Gazette | gazette.ie NEWS April 2018 15

‘LAW AND THE ART OF THE POSSIBLE’ MARKETING YOUR FIRM BEWARE MARKETING ‘SPECTACULARS’

Marketing is a process, not an event. This is the most important thing you need to know about marketing and, as with so many fundamen- tal principles, its simplicity can be beguiling. Marketing is never ‘one- The theme of the 25th Burren Law tional Network on Therapeutic and-done’. Sporadic, one- School is ‘Law and the art of the Jurisprudence). off ‘spectaculars’ are never possible: the fifth province?’, This year’s guest director is as successful as consistent which takes place at Newtown Ellen O’Malley Dunlop, who said and regular efforts. How- Castle, Ballyvaughan, Co Clare, that, from the first millennium up ever, consistent and regular from 4-6 May 2018. to the 16th century, the Burren is never as interesting and exciting as planning some- Speakers include Josephine had been the site of a number of is better than nothing, but it Feehily (former chairperson, Brehon law schools, most notably thing big and new. And that’s why most people’s really comes only a poor sec- Policing Authority), Brian Feeney the O’Davoren law school. ond to print. (historian, author and journalist), “This tradition inspired a group marketing efforts either So, how to start? You’ll Rita Ann Higgins (author and of people to establish the Burren never get off the ground, need to get your address list playwright), Shane Kilcommins Law School 25 years ago with or produce disappointing into shape before sending (professor of law, University of the idea of raising awareness results – failing to do the your newsletter. Limerick), Justice Mary Laffoy and interest in our legal past. basics consistently. What type of newsletter (chairperson, Citizens’ Assembly), The school creates a forum for So, if you proceed from should you send? A word Eamonn Mallie (journalist and people from various disciplines the start on the basis that of warning: do not send broadcaster), Alison O’Connor to debate contemporary aspects your job is just to keep the type of newsletter that (journalist and broadcaster), of our legal, political and social implementing the stuff that details updates on the law. Judge Catherine O’Malley (Dis- systems,” she said. we know works regularly, That would be the marketing trict Court judge, Baltimore City, The programme is available your results will surprise kiss of death! Why? Because USA), Martin O’Malley (former at www.burrenlawschool.org, you. it’s boring. Governor of Maryland, USA), and where bookings may also Before looking at some David Wexler (director, Interna- be made. Tel: 065 707 7200. recent stats last month that Remember, it has to be underlined the importance interesting, which means of consistent marketing, we that at least 60% of the con- BREXIT IP DIVIDEND had begun to take a look at tent – ideally more – should be completely non-relevant Intellectual property on-shoring legal framework must reflect the client newsletters. to your practice area of law to Ireland rather than Britain speed of change in business and They are, without ques- and your business offering. will be a key dividend of Brexit, cater for intangible assets, such tion, one of the most power- This is counterintuitive, according to Matheson managing as IP. ful weapons in your market- but vitally important. Next partner Michael Jackson. “One of the added benefits of ing arsenal. Here’s why: the month, we’ll see why exactly Speaking at an IBEC business this type of move on intangible simple and methodical act of it’s the secret to a successful leaders’ conference in Dublin on assets on-shore is that the initial keeping in regular contact newsletter. 27 March, Jackson said that com- move is usually followed by the with your past, present, and panies with substantive tangible locating of more senior executives prospective clients is the investments already located here from the company to Ireland. That most effective marketing Flor McCarthy is the author of are in search of business-friendly has a number of spin-off benefits, you can do. the Solicitor’s Guide to Market- locations to on-shore their IP. including payroll and taxes paid, The best form of newslet- ing and Growing a Business, Ireland is ticking the relevant as well as a further deepening of ter is a printed version, sent available at www.thesolicitors- boxes and edging out alternatives the companies’ engagement with in the post, regularly. Email guide.com. such as Britain, he said. But the Ireland,” Jackson said. Legal Contingency Insurance

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FAREWELL TRIBUTES PAID TO ‘WARM AND EFFERVESCENT’ MR JUSTICE RYAN The President of the Court of ing a remarkable team of judges Appeal Mr Justice Sean Ryan around him. has retired. At a special event “As you depart from us today, marking his final day on the you leave behind a legacy of out- bench on 23 March 2018, his standing public service, a large colleague Mr Justice Michael number of important judgments, Peart paid tribute to a “truly burdened only with the weight of great legal career”. our admiration, our deep respect Sean Ryan was called to the and our sincere admiration,” he Bar in July 1972, practising on concluded. the south-eastern circuit. He was Law Society past-president subsequently appointed to the Stuart Gilhooly, representing the High Court bench in 2003. solicitors’ profession, recounted His career culminated with his own days as a newly-qualified his acceptance of the second- solicitor dealing with Sean: “He highest judicial office in the land was a doyen of the Bar and one of – the presidency of the Court of Mr Justice Sean Ryan has retired the ‘go-to’ men in personal injury Appeal, in October 2014. cases,” he said. Mr Justice Peart described him for whom ordinary practical com- a new Court of Appeal in 2014 Mr Justice Sean Ryan would go as a “wonderful colleague”, with mon sense is never far from the had been no easy task, but that down in history as the first Presi- an enduring acuity of intelligence justice of any case”, Mr Justice Mr Justice Ryan had been the dent of the Court of Appeal, he and wit. His leadership had led to Peart observed, since “common right man for the job. He had set added, and would be remembered an outstanding record of achieve- sense is the foundation of com- about it with the same gusto and for the courtesy, mentioned by so ment in the Court of Appeal. mon law”. enthusiasm that had character- many, that made him a pleasure to He was a “wise human being He pointed out that founding ised his career at the Bar, gather- know and work with. CALCUTTA RUN AIMS FOR €4M TARGET The legal profession’s charity route available in Cork. An inter- fund-raiser, the Calcutta Run, national event, admittedly on a aims to reach a cumulative total smaller scale, is being planned in of €4 million on its 20th anniver- New York. sary this May. All proceeds from the 2018 That’s the stated goal of Law run will go towards the work of Society President Michael Quin- the Peter McVerry Trust and the lan, who helped launch this year’s Hope Foundation, which help run in Dublin on 14 March at the the homeless in Ireland and India offices of Mason Hayes & Curran respectively. in Dublin. Pat Doyle of the Peter McVerry “This is a very special year for Trust said: “The Calcutta Run the Calcutta Run, as we celebrate has made a huge contribution to its 20th anniversary,” he said. our work over the years and to “Recent weather events have Maura Lennon (Hope Foundation), Michael Quinlan (Law Society president) and our ability to respond to people highlighted the vital work those Pat Doyle (Peter McVerry Trust) experiencing homelessness in on the front line do to assist the Ireland.” homeless, and the legal profes- a fund-raiser with the profile and muscle to the flagship cause. Maureen Forrest of the Hope sion is delighted to contribute to heft of the Calcutta Run. On 26 May, up to 1,500 par- Foundation added: “The Cal- that effort,” he said. The launch was attended by ticipants will undertake a 5km cutta Run is making an incredible Event MC Gavin Duffy pointed managing partners from the top or 10km route through Dublin’s difference to the children with out that no other profession had 20 firms, who have all added their Phoenix Park, with a cycling whom we work with in Kolkata.” Dublin Dispute Resolution Centre Ireland’s Premier Dispute Resolution Venue • Arbitrations • Mediations • Conciliations • Consultations • Seminars • Training

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THREE STALWARTS OF THE JUDICIARY TO RECEIVE INAUGURAL MEDAL The inaugural Hibernian Law their most memorable judicial independence of the judiciary and Medal is to be awarded jointly experiences. the legal professions, and public to Mrs Justice Susan Denham The medal will be awarded access to and understanding of (former Chief Justice of Ire- annually by the Hibernian Law the legal system, both in Ireland land), Lord Neuberger (former Journal (HLJ). Established in and in neighbouring common law president of the British Supreme 1999, the HLJ is a journal coor- jurisdictions.” Court), and Justice Beverley dinated by trainee and newly Admission to the ceremony McLachlin (former Chief Justice qualified solicitors. is free, but pre-registration is of Canada). Editor Glen Rogers says: “This essential via events@hibernian All three will attend a cer- year’s recipients were chosen on lawjournal.com or Eventbrite. emony at the Law Society on the basis of their lifelong contri- For further information, see 11 May and will participate in butions to the advancement of www.hibernianlawjournal.com/ a panel discussion reflecting on justice, integrity of the rule of law, Former Chief Justice Susan Denham medal.

BREXIT SUPPORTS FOR CLIENTS – DIPLOMA OPPORTUNITIES FOR YOUR FIRM CENTRE

State departments and trade apply to legal, tax, customs, resources to undertake a short SCOOPS agencies currently provide a supply chain, and other cross- assignment to determine how range of supports to businesses border requirements. Qualifying the company could respond SILVER as they prepare for the depar- criteria for businesses include: to the threats and opportuni- The Law Society’s Diploma Cen- ture of Britain from the EU. The • The company must be a reg- ties of Brexit. The grant can be tre has been awarded silver at advisory services and tools pro- istered small business (250 used to cover consultants’ fees the recent European Association vided by the State may provide employees or fewer) and have and travel and expenses for Awards 2018 in Brussels. The a useful template that can be either an annual turnover of both domestic and international awards recognise the elite of Euro- adapted for your clients. less than €50 million, or a bal- employee travel. pean associations, which are set- Full details of enterprise sup- ance sheet total of less than The support might involve: ting the standards for and on behalf ports can be found at https:// £43 million, • Researching opportunities in of their members. The Diploma dbei.gov.ie (search for ‘which • The assistance requested new markets, Centre received the award for support is for you?’). must relate to a cross-border • Investing in innovation to dif- its Street Law programme in the Currently, two schemes rep- issue, ferentiate and stay ahead of ‘Best Association Training Initia- resent opportunities for firms • It must be a manufacturing or the competition, tive’ category. to work with their clients in internationally tradable ser- • Reviewing and optimising Accepting the award on behalf responding to the challenges vice company. sourcing, transport and logis- of the Society, Dr Freda Grealy and prospects ahead: tic arrangements, (head, Diploma Centre) remarked: • The Intertrade Ireland ‘Start Solicitor practices looking • Strengthening financial and “We’re delighted with the recogni- to plan vouchers’, and to join the panel of advisors currency management, tion for Street Law and our public • The Enterprise Ireland ‘Be are recommended to phone • Preparing a worst-case sce- legal education programme, which prepared grant’. 048 3083 4122 or email mark. nario plan, and includes Street Law Schools, [email protected]. • Understanding customs pro- Street Law Prisons, Solicitors of As part of its Brexit Advisory Further details are at www. cedures with third countries. the Future, Solicitors in the Com- Service, Intertrade Ireland pro- intertradeireland.com/brexit/ munity, and our massive open vides 100% financial support vouchers. To be eligible, the business must online courses. We congratulate up to £2,000/€2,000 (inclusive The ‘Be prepared grant’ be an Enterprise Ireland cli- our volunteer PPC trainee solici- of VAT) towards professional offers up to €5,000 to assist in ent that is directly or indirectly tors and the transition year schools advice in relation to Brexit mat- the cost of developing a strate- exposed to the British market. for all their hard work throughout ters. gic response to Brexit. More details are at www.pre- the year, and the solicitors who The ‘Start to plan vouchers’ It is intended to provide sup- pareforbrexit.com/be-prepared- were awarded the Certificate in for professional services can port to clients to use external grant. Public Legal Education.” BOOK NOW!

SPRING GALA 2018 SUPPORTING THE SOLICITORS’ BENEVOLENT ASSOCIATION Friday 27 April 2018 Shelbourne Hotel, Dublin.

MC: Miriam O’Callaghan Journalist, broadcaster and former solicitor

SPECIAL GUEST: Oliver Callan Star of ‘Callan’s Kicks’, Ireland’s top impressionist and satirist

The Law Society Spring Gala returns in 2018 with a new venue – the historic Shelbourne Hotel in the heart of Dublin. This black-tie dinner is the peak event for members of the profession that raises funds for the Solicitors’ Benevolent Association.

Table dinner package for 12 guests: €2,400. Individual dinner seats: €200 per person. To book your place, visit www.springgala.ie

Gala profits will be donated to the Solicitors’ Benevolent Association – a voluntary charitable organisation assisting members or former members of the solicitors’ profession in Ireland and their wives, husbands, widows, widowers, families and immediate dependants who are in need. Law Society Gazette | gazette.ie NEWS | BAR ASSOCIATIONS April 2018 21

COMPILED BY KEITH WALSH, PRINCIPAL OF KEITH WALSH SOLICITORS

SLIGO WEXFORD THIRD GENERATION JOINS SLIGO FIRM WEXFORD Tubbercurry firm Rochford Gal- DELIVERS lagher & Co, Solicitors, enjoyed a historic day on 28 February CPD when Fiona Gallagher (daughter of Declan Gallagher and niece of Wexford’s Siobhan Dunne Eamonn Gallagher – both part- reports that a very success- ners in the firm) was introduced ful CPD day took place at the before Judge Kevin Kilrane at National Heritage Park on 23 Tubbercurry District Court. March, organised by the Wex- Fiona is the third generation ford Solicitors’ Association. of the family to work in the firm, Speakers included Myles Roban which was established in 1944 (dealing with business succes- by Eamonn P Gallagher and sion), Bill Holohan (the Media- tion Act) and David Rowe (prac- the late Alfie Rochford. Despite Declan J Gallagher, Fiona Gallagher, and Eamonn M Gallagher Alfie being elevated to the Dis- tice matters and the future of trict Court bench several years court staff), as well as Superin- Western Drama Festival, which sole-practitioner firms). More later, the firm retained its name. tendent Paul Kilcoyne (for An this year is celebrating its 75th than 45 solicitors attended. Fiona was introduced to the Garda Síochána). anniversary. Coincidentally, the The association aims to pro- court by her dad Declan and was Her first (successful) applica- late Alfie Rochford was one of vide most (if not all) of the welcomed by Judge Kilrane and tion before the court was for the founding members of the required 20 hours of CPD to Treena Hever (on behalf of the a festival club licence for the festival. its members – locally and at a competitive price. Anyone interested in speaking at these DUBLIN events should contact Siobhan DON’T FEED THE GONDOLAS Dunne at [email protected].

This year’s Dublin Solicitors’ dent Robert Ryan is leading the ment. Contact Colette O’Malley CAVAN Bar Association (DSBA) annual charge to the gondolas. (Marketing Initiatives Ltd) at conference will take place in Places are in high demand, tel: 01 866 5870 or 087 284 BREAKING Venice, the floating city, from so you are encouraged to 6366, email: colette@marketing 21-23 September. DSBA presi- book now to avoid disappoint- initiatives.ie. BREAD Eirinn McKiernan (president, MIDLANDS Cavan Solicitors’ Association) informs us that a dinner to mark UPSKILLING OPPORTUNITIES FOR the retirement of Judge John MIDLAND PRACTITIONERS O’Hagan of the Northern Cir- cuit and the appointment of Judge The Midland Bar Association will anti-money-laundering mea- in criminal law, and family law John Aylmer was hosted by the host a four-hour afternoon CPD sures (presented by investigating developments. solicitor associations of Cavan, event on 13 April at Tullamore accountant Tim Bolger from the Upcoming midland CPD dates Monaghan, and Leitrim on Friday courthouse. Topics to be covered Law Society), stress management for your diary include 18 May, 14 16 March in the Farnham Estate include solicitors’ accounts and and self-care, sentencing trends September, and 9 November. Golf and Spa Resort, Cavan.

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Sent toSent all tomembers, all members, it takes it justtakes five just minutesfive minutes to stay to stay informed.informed. Enquiries Enquiries to: to: [email protected]@lawsociety.ie or tel: or 01 tel: 672 01 4843. 672 4843.

Library Libraryad Gazette ad Gazette Jan_Feb Jan_Feb 2017.indd 2017.indd 1 1 25/01/201725/01/2017 15:09 15:09 22 April 2018 SOCIAL NEWS Law Society Gazette | gazette.ie

DOWN ON LEGAL STREET ALL PICS: COURTS SERVICE ALL PICS: COURTS Sixth-class children in Co Meath recently staged a hugely successful mock trial in Trim Courthouse. Local solicitor Gillian Brennan (Nathaniel Lacy and Partners) worked with teacher James Bren- nan to coach the children about the Irish legal system. Gillian is a recent graduate of the Certificate in Public Legal Education run by the Law Soci- ety’s Diploma Centre. This pro- gramme develops the skills of solicitors to run an effective pub- lic legal education programme in their community, based on the Street Law system of learning. The programme aims to encourage lifelong civic engage- ment and break down barriers to legal education from a young age. Gillian put this into practice with Bohermeen National School, in hour and a half, both prosecution Navan, Co Meath. and defence ‘barristers’ put their The case at Trim Courthouse case, with the aim of proving that last November was listed as DPP Jack was guilty ‘beyond reason- vs Jack Jones and it hinged on able doubt’. the State’s bid to prosecute ‘Jack The 12 ‘jurors’ were drawn Jones’ for the murder of ‘Arthur from fifth class. In the end, they Giant’. Cavan solicitor Anne delivered a unanimous guilty Dolan gave freely of her time to verdict. An appeal is pending act as ‘judge’ on the day. For an against the ‘conviction’ and the Law Society Gazette | gazette.ie SOCIAL NEWS April 2018 23

25-year prison sentence. Gillian says: “Street Law is a fantastic initiative from the Law Society. It gave me the impetus to work with national-school children, educating them about access to justice, human rights, and the courts system in Ireland. It was a wonderful opportunity to explain to the children the role of the solicitor in our justice system. We also had fantastic support from the school and the school community and, in particular, the class teacher James Brennan.” Mr Brennan added: “This was the stuff of dreams and something the children will never forget. I have no doubt we have some budding barristers and solicitors in the making, though hope- fully no defendants!” he laughed. He thanked the Law Society for a “brilliant initiative” and the Courts Service for its “amazing support”. Research has shown that one year of Street Law training improves critical-thinking skills by almost 25%. 24 April 2018 SOCIAL NEWS | PROFILE Law Society Gazette | gazette.ie

A GOOD INNINGS

Ireland’s opening batswoman Cecelia Joyce also fields a demanding legal career at A&L Goodbody. Mary Hallissey is bowled for six

MARY HALLISSEY IS A JOURNALIST AT GAZETTE.IE

reland’s opening batter DCU, as well as a session ‘groov- subjected to snide comments in Cecelia Joyce offers proof ing’ her batting skills. the past. “The same people slag- that it’s possible to have a As well as opening the batting ging us for playing an ‘English Ihigh-flying legal career com- for Ireland, Cecelia fields on the sport’ are playing soccer and bined with playing sport at boundary, reading the ball off the rugby!” Cecelia points out. international level. An associate bat and anticipating its run. “Cricket did lose out a huge with A&L Goodbody in Dublin, Cecelia is the youngest (with amount when the GAA ‘foreign Cecelia (34) has spent more than her twin Isobel) in a family of game’ ban came in. There used half her life on the Irish women’s nine, and her five older brothers be multiple cricket clubs in the cricket team and got her 100th all play. Ed Joyce is a professional Phoenix Park, and most of them cap in 2016. cricketer, best known as the Ire- fell away – to only two now,” she From a high-achieving sport- land batsman who played for two says. ing family in Bray, she was first different countries in succes- But the game is rising in popu- called up to the Irish squad at the sive World Cups. Ed switched larity, with new clubs springing age of 15 as a leg-spin bowler, to England for the 2007 World up throughout the country, often with her first cap at 17. Cup, but returned to play for Ire- driven by immigrants who love But it’s getting harder to bal- land in the 2011 tournament. the game. The Merrion Cricket ance sporting and professional Twin sister Isobel is a profes- Club pro is from India this year, life. Match commitments are sional cricketer in Tasmania and Cecelia says. growing as Irish cricket devel- a former captain of the Irish team She feels very strongly about ops. It takes work to maintain who once ranked number three the pressure on young girls to rankings. in the world. By contrast, eldest focus on exams, to the detriment I’D RATHER “When I started playing, it sister Dr Helen Joyce is the of participating in team sports: was a maximum of three Ireland finance editor at The Economist. “To focus solely on exams is so SOMEONE LOST matches a year. We’re now the The family’s love of cricket counter-productive for life skills. only team in the top ten global stemmed from father James, an If you can’t study and continue 50 LEAVING CERT rankings that is not profes- actuary brought up in Dublin’s to have a life, how are you going POINTS AND sional,” Cecelia explains. Liberties, who developed a love to work and have relationship, or “We get some compensation of the game in his middle years work and have a child?” she asks. CONTINUED for loss of earnings, depend- and brought his children to play “Exercise increases brain power ing on whether Cricket Ire- and watch club matches at Mer- and memory. It’s good for self- TO HAVE A land has the money, but it’s not rion Cricket Club in Dublin 4. esteem, for positive body image, LIFE BECAUSE, something we have agreed with for integration, teamwork and them,” she says. Family game general life skills. ULTIMATELY, “There is a sporting penalty. If “With cricket in this country, “I’d rather someone lost 50 you spend so much time playing the people who are the most Leaving Cert points and contin- THAT’S WHAT sport, you necessarily take longer interested and involved are the ued to have a life because, ulti- WE’RE HERE to do other things in your career. ones whose families are involved. mately, that’s what we’re here for. It took me longer to do exams Cricket is a very time-consuming And you get so much joy from FOR. AND YOU and get qualified.” sport, and you are brought up sport.” GET SO MUCH thinking it’s acceptable to spend Now that she’s in the work- In the groove your whole weekend at cricket,” place, Cecelia observes higher JOY FROM The training commitment is Cecelia explains. stress levels in perfectionists who huge, with two strength and con- She believes that cricket has an feel that they should be able to SPORT ditioning gym sessions a week in image problem, and she has been ‘do everything’. Law Society Gazette | gazette.ie SOCIAL NEWS | PROFILE April 2018 25

THE SAME PEOPLE SLAGGING US FOR PLAYING AN ‘ENGLISH SPORT’ ARE PLAYING SOCCER AND RUGBY!

“I think I can manage my stress execute your skill under pressure, make it to training or can’t pay even in papers like The Guardian better – which, for women in my at the right time?” your bills. Ten years ago, in that talk a lot about equality. It’s demographic, is a big problem.” She believes that women’s terms of work/life balance, it was incredible to me that I can open sport must get more support much easier – there was one tour The Irish Times and four of six Trinity pink in order for the standard to a year,” she says. articles are about men’s rugby. Cecelia studied history at Trinity, improve, which will, in turn, That balance changed when Put a woman on there!” she says. where she captained both cricket draw bigger crowds to games. Cecelia entered the solicitors’ “People read what gets cov- and hockey teams, and is a Trin- At A&L Goodbody, Cecelia profession in 2011 as a trainee at ered. Children’s favourite ath- ity ‘pink’ – the highest honour works in commercial litigation, Arthur Cox. And, in recent years, letes are the ones they see. If the college awards to its athletes. where Ireland hockey cap Mitch the number of fixtures has gone you can’t see it, you can’t be it. I She feels strongly that the Darling is a team colleague. up exponentially. see the betterment of women in only way forward for the Irish “Everybody who is a solicitor “I make some sacrifices, I don’t sport as a corollary of the better- women’s cricket team is to go knows that you work for however go on holidays. But with the ment of women in society. The professional, or at least semi-pro, long the job takes. I have worked demands being put on the Irish more respect that women get in since the demands in terms of overnight before. To then turn team, it’s just not sustainable. We all areas, the better it is for every- both preparation and recovery up for a match or training and have 50 days of cricket during one.” time are so onerous. give it your all – it’s just not pos- work days this year, or 85 days As if she weren’t busy enough, “It is very hard to win against sible.” including weekends, when avail- Cecelia is also vice-president of teams that are better prepared. ability is expected,” she points the newly founded Irish Crick- A lot has to go right for us to Different kind of hard out. eters’ Association, which repre- win. People love the underdog She accepts that being a full- The huge attrition in female sents all those playing for Ireland story, but I would prefer to be time athlete is “a different kind participation in team sports is a in terms of welfare and contract an underdog that was given the of hard”. But she questions the particular bugbear of Cecelia, negotiation. same opportunity to prepare,” romantic notion of women’s as is the poor level of cover- And as a lawyer, Cecelia has she says. “Sport is all about sport as better because it’s ‘purer’. age in the media. “Every day some sage counsel: “My advice is repeatable skill. It’s about the “It doesn’t matter how much I look at the newspapers and I not to get in a fight, but if you percentages. How often can you you love the game if you can’t see only men’s sport covered, do, get good advice.” 26 April 2018 ANALYSIS | NEWS IN DEPTH Law Society Gazette | gazette.ie

IN-HOUSE ‘GROWING LIKE TOPSY’ A whopping 81% of in-house solicitors work in Dublin, as revealed by the Law Society’s latest figures on the in-house sector. Ken Murphy reports

KEN MURPHY IS DIRECTOR GENERAL OF THE LAW SOCIETY

trend that is sweep- revealed by the table of law firm issued to solicitors in the State, ing the legal profes- practising solicitor numbers, either in private practice or sion world-wide is that published on page 28 of the Jan/ working in-house, on 31 Decem- ofA commercial, regulatory, and Feb 2018 Gazette. ber 2017, was 9,665 (as analysed other organisations recruiting It is striking, moreover, how on page 22 of the March 2018 lawyers as ‘in-house’ practi- many organisations in the finan- issue of the Gazette). The table tioners. In-house solicitors are cial services sector are major published here reveals that 1,805 practising solicitors, just as their employers of solicitors. of those PC-holders are working colleagues in private practice are. The total number of PCs as in-house solicitors. Accord- The only difference is that in- house solicitors have just a single client – their employer. 26-COUNTY BREAKDOWN OF Employment as an in-house IN-HOUSE PRACTISING SOLICITORS, solicitor in Ireland, as distinct BY GENDER from private practice, was rela- tively rare even 20 years ago. But County Male Female Male and during the last two decades, it has female total become a perfectly normal and Carlow 0 0 0 professionally respected career Cavan 3 2 5 choice for solicitors in Ireland. Clare 3 10 13 In this Gazette, we publish, for Cork 27 85 112 the first time, a table showing Donegal 1 6 7 the 20 organisations employing Dublin 482 987 1,469 the largest numbers of in-house Galway 14 24 38 Kerry 7 14 PC-holding solicitors in the 21 Kildare 6 24 30 State, with the number of PCs in Kilkenny 3 4 7 each case. The table shows num- Laois 1 2 3 THE FACT THAT bers of PCs, from 11 upwards. Leitrim 1 0 1 There are, of course, a great Limerick 6 17 23 1,232 IN-HOUSE many other organisations, too Longford 1 2 3 numerous to list here, with fewer Louth 0 2 2 PC HOLDERS PC holders. Mayo 3 4 7 ARE WOMEN Meath 3 12 15 Largest employer Monaghan 0 3 3 AND 573 ARE Allied Irish Banks – with 108 Offaly 0 3 3 Roscommon 0 0 PC holders – is, by a distance, 0 Sligo 2 1 3 MEN REVEALS the largest employer (that is not Tipperary 2 3 5 a law firm) of practising solici- THAT NO LESS Waterford 1 3 4 tors in the 26 counties. Indeed, Westmeath 1 9 10 THAN 68% if Allied Irish Banks were a law Wexford 2 5 7 firm, it would rank as the ninth Wicklow 4 10 14 OF IN-HOUSE biggest firm in the State – just TOTAL 573 1,232 1,805 PRACTITIONERS behind Maples and Calder at These figures represent the total number of solicitors with a practising 115 PCs, and ahead of Ever- certificate in the in-house sector in the 26 counties, as advised to the Law ARE FEMALE sheds Sutherland at 103 – as was Society, up to and including 31/12/2017 Law Society Gazette | gazette.ie ANALYSIS | NEWS IN DEPTH April 2018 27

IF ALLIED IRISH BANKS WERE A LAW FIRM, IT WOULD RANK AS THE NINTH BIGGEST FIRM IN THE STATE

ingly, rounded to the nearest in-house practitioners. No less IN-HOUSE AND PUBLIC SECTOR percentage point, 19% of prac- than 14 of the State’s 26 counties PRACTISING SOLICITOR titioners in the State practice have in-house solicitor numbers NUMBERS (AS OF 31/12/2017) in-house – a percentage that is that are in single digits. Carlow ‘growing like Topsy’ every year. and Roscommon have none. Excluded from these figures is Perhaps the most interesting 2017 Corporate/public sector body 31/12/2017 ranking the substantial number of solici- of the statistics published here 1 Allied Irish Banks 108 tors who are working ‘in the relates to the very considerable 2 Central Bank of Ireland 94 full-time service of the State’. gender divergence between pri- 3 Bank of Ireland 58 Specific provisions in the Solici- vate practice and in-house prac- 4 Law Society of Ireland 50 tors Acts exempt such solicitors, tice. The fact that 1,232 in-house 5 National Asset Management Agency 40 such as those in the Chief State PC holders are women and 573 6 State Claims Agency 35 Solicitors Office, from the legal are men reveals that no less than 7 Electricity Supply Board 26 requirement of all other practis- 68% of in-house practitioners 8 Dublin City Council 19 ing solicitors to hold PCs. are female. Some 52% of the 9 Córas Iompair Éireann 16 entire practising profession are 10 ESB Networks Legal 15 women, but only 48% of those 10 Accenture 15 Gender divergence The distribution of in-house who are in private practice are 10 Ulster Bank 15 13 Icon 14 PC holders, on both a county- women. 14 Deloitte 13 by-county and gender basis, is 14 Zurich 13 published here for the first time. Work/life balance? 16 AXA 12 A whopping 81% of in- The reasons why women solici- 16 Citi 12 house solicitors have employ- tors are choosing in-house prac- 18 Cork County Council 11 ment addresses in Dublin city tice, rather than private practice, 18 eir 11 or county. This is far higher to such a marked extent deserves 18 KPMG Legal Services 11 than the total number of PCs – to be studied properly. Issues to TOTAL 588 inclusive of private and in-house do with work/life balance are practitioners – based in Dublin, often cited in this regard, but These figures represent the top 20 in-house and public sector entities employing solicitors who hold practising certificates in the 26 counties, which is 63%. the implications, for the future advised to the Law Society, up to and including 31/12/2017. (These In Cork, which has in total of all legal practice, of this phe- figures do not include solicitors employed in the full-time service of the 9% of the State’s PC holders, nomenon requires research and State) there are just 6% of the State’s consideration. 28 April 2018 ANALYSIS | NEWS IN DEPTH Law Society Gazette | gazette.ie

INSPECTOR GADGETS

Solicitors’ practices are usually subject to an audit by the Law Society’s Regulation Department every five years. Garry Clarke offers a practical guide to dealing with inspections

GARRY CLARKE IS A SOLICITOR WITH LANIGAN CLARKE SOLICITORS AND A MEMBER OF THE REGULATION OF PRACTICE COMMITTEE

here is a certain dread that Once the investigating acc- with accounts and regulation. accompanies a letter from ountant completes the report, it It is difficult to run a prac- the Regulation Depart- will be classified as either con- tice, do all the work, manage Tment of the Law Society notify- tentious or non-contentious. A the accounts, and deal with all ing you that you are going to be non-contentious report is pre- the regulations that operating subject to an inspection. cisely that. There are no issues of a practice involves. We all need In general, a practice will be concern. some help. If you are not sure subject to a routine inspection what to do, take advice and get every five years, with new firms Contentious reports assistance. A panel of solicitors being inspected around three A contentious report, on the who can assist you is sent out years after opening. However, other hand, will require you to with the call-up letter. the Society has moved to a more write a letter of explanation and, After the crash, many prac- risk-based approach so, for exam- if the issues raised are serious or tices cut back on their staff ple, if your reporting accoun- if you do not respond, you will be or resources, with the result tant’s report is late or qualified, requested to appear before the that oversight might not be as or if there are complaints against Regulation of Practice Commit- robust as it ought to be. Lack you, this may trigger an inspec- tee, which comprises solicitors of resources in handling your tion. Follow up inspections are and a lay member, to provide accounts will cause difficulties THE BEST also quite common. an explanation of how you are in complying with the accounts ADVICE TO ANY Once you are on notice of the addressing the issues raised. regulations, with knock-on inspection, a certain amount of The committee reviews the effects for the practice. Many SOLICITOR WHO panic and action ensues to make case and, if the solicitor deals solicitors practising for years, if sure you are compliant with the with the issues to the satisfaction not decades, have not kept up HAS CONCERNS Solicitors Accounts Regulations. It of the committee, the matter can with the gradual changes in the ABOUT AN is a better long-term approach, be closed. The committee has regulations and are taken by sur- however, to ensure that your the power to refer the case to the prise by the depth and rigour of INSPECTION practice complies with the regu- Solicitors Disciplinary Tribunal an investigation. lations on an ongoing basis. or the High Court in the case of Common problems that result OR APPEARING The starting point of any serious issues, such as non-coop- in contentious reports include: BEFORE THE inspection is to ensure that your eration or a deficit in the client • Poor book-keeping: accounts books of accounts are up to date. account. are not written up to date or COMMITTEE IS They need to be completed and In the majority of cases, issues are not being monitored by reconciled within two months are resolved, some over months. the principal; records such TO SPEAK TO of every six-month accounting The approach adopted by the as ledgers or returned client A COLLEAGUE period. A practice should, ide- committee is proactive and can be account cheques are not avail- ally, be reconciling the client summarised as: ‘Solve the prob- able. There may be debit bal- EXPERIENCED IN and office account on a monthly lems so we can close your case.’ ances or deficits in the client basis. If there are deficiencies The best advice to any solici- account or credit balances in DEALING WITH in your book-keeping, they will tor who has concerns about an the office account. ACCOUNTS AND show up in this process, and can inspection or appearing before • Costs: are left in the client – and should – be addressed and the committee is to speak to a account undrawn for over REGULATION rectified. colleague experienced in dealing three months. Law Society Gazette | gazette.ie ANALYSIS | NEWS IN DEPTH April 2018 29 PIC: SHUTTERSTOCK

MANY SOLICITORS • Client ‘inactive’ or dormant bal- delay. If there are beneficia- or terrorist financing. In such ances: there are a substantial ries in an estate who can’t be circumstances, you should not PRACTISING number of client ‘inactive’ or located, a tracing agent should proceed with the transaction, dormant balances, where there be used to locate the beneficia- and you will need to consider FOR YEARS, IF has been no movement on ries. your reporting obligation. NOT DECADES, the client account for over six • Anti-money-laundering legisla- months. These funds should tion: you must adopt policies The above list is not exhaustive, HAVE NOT be distributed. Where not and procedures to prevent but accounts for probably 80% of actively managed, a practice and detect the commission the issues that solicitors’ practices KEPT UP WITH can have substantial funds in of money-laundering or ter- have when inspected. Preven- THE GRADUAL dormant balances, which can rorist-financing offences. You tion is better than cure, and some take months and a substantial must verify the identity of cer- active practice management can CHANGES IN amount of work to resolve and tain clients and keep records. resolve most of these matters. distribute. In simple terms, you need to If you have any concerns in THE ACCOUNTS • Files: should be compliant with obtain photo ID (such as a relation to the topics outlined REGULATIONS section 68. Section 68(6) tends passport) and proof of address above, you may consider avail- to cause most problems and for these clients. This is not- ing of the confidential Practice AND ARE has to be complied with, even withstanding the fact that the Advisory Service provided by the if a solicitor/client fee is not client may have been a cli- Law Society through Outsource, TAKEN BY charged. (Section 68(6) requires ent for decades. In some cir- which offers a ‘health check’ on SURPRISE BY a solicitor to furnish to the cli- cumstances, you may need to your practice. This lasts for half ent a copy of the bill on comple- enquire about the source of a day, is a good way of checking THE DEPTH tion of a transaction where he funding and, in others, where a how your practice is performing, gets paid by a third party, such number of money-laundering and will give you sound advice on AND RIGOUR as an insurance company.) red flags arise, you will need to how best to address problematic OF AN • Probate files: ensure that benefi- consider whether what is being areas in your accounts and prac- ciaries are paid without undue proposed is money laundering tice management. INVESTIGATION 30 April 2018 COMMENT | VIEWPOINT Law Society Gazette | gazette.ie

ON PAROLE

Reform of victim input has been proposed in the Parole Bill 2016. But what role, if any, should victims play in decisions relating to the parole or release of an offender? Diarmuid Griffin looks at the evidence

DR DIARMUID GRIFFIN IS A LECTURER IN LAW AT NUI GALWAY AND AUTHOR OF KILLING TIME: LIFE IMPRISONMENT AND PAROLE IN IRELAND

ictim input in criminal permitted in the United States, particularly in relation to life- justice decision-making England and Wales, and Canada. sentence prisoners. has become a matter of Many European countries, such Life-sentence prisoners, most Vincreasing focus in many coun- as Belgium, Finland and Sweden, of whom have been convicted of tries, as systems respond to the do not allow victims to input into murder, are eligible for review concerns of the victims’ move- the process. and release having served seven ment and the need to provide Research on the impact of years in prison. But in reality, a greater role for victims in the written and oral submissions by they will not be released until criminal justice process. victims on parole outcomes is many years later. The average Perhaps the most significant limited, but evidence in the US time served by life-sentence pris- procedural development has been indicates that there is a correla- oners who were released back the adoption of victim-impact tion between victim participation into the community over the last statements at sentencing. While and parole denials. decade was 18.5 years. this is now a widely accepted prac- tice in many countries, what role, Ministerial discretion Serious anxiety if any, should victims play when it In Ireland, there are various The impact of being informed comes to decisions relating to the mechanisms for releasing offend- at the seven-year stage, when parole or release of an offender ers back into the community, there is no realistic prospect of back into the community? most of which do not afford the release, can cause serious anxiety With reform of victim input space for victim input, due to the and concern to a victim’s family being proposed in the Parole Bill procedure of release. However, members. 2016, it is important to examine there is space for victims to have a This was acknowledged by a this aspect of sentence adminis- role in the parole process, which member of the Parole Board who tration. deals with those serving lengthy participated in a study that I con- THE AVERAGE Unlike victim-impact state- determinate sentences, or sen- ducted on parole decision-mak- ments, there is little by way of tences of life imprisonment. ing: “Victims hear that Joe Bloggs TIME SERVED BY settled practice on victim input A person eligible for this pro- is up for review after seven years, in parole decision-making. Vic- cess may be released on parole and they’ll say: ‘What? He just LIFE-SENTENCE tims’ rights can include the right (or full temporary release) at the killed my daughter seven years PRISONERS to information, the right to be discretion of the Minister for ago, and now they’re reviewing heard, and the right to be present Justice following the advice of him.’ That puts them through WHO WERE at parole hearings. the Parole Board. The Crimi- torture. Now, we know that the The provision of information nal Justice (Victims of Crime) Act likelihood in that probable case is RELEASED regarding release at the request of 2017 provides that a victim may that person’s not going to get out BACK INTO THE the victim is common practice in request to be informed on the for another seven years.” many countries. The right to be release of an offender, as well as In addition to the information COMMUNITY heard and the right to participate, any conditions pertaining to the from official agencies, the Parole however, are far more conten- offender’s release. Board receives letters from vic- OVER THE LAST tious. Provision of information on tims and victims’ families. The DECADE WAS Victim input, in the form of release can be helpful and posi- Parole Board has stated that these a written or oral statement pre- tive, but it can also cause undue letters are “seriously considered” 18.5 YEARS sented to a parole authority is concern regarding early release, when making a decision. Law Society Gazette | gazette.ie COMMENT | VIEWPOINT April 2018 31 PIC: SHUTTERSTOCK

The board and various min- The Parole Bill proposes to whether victims should be per- isters, however, have also stated place the Parole Board on a statu- mitted to input to a sentence at its THE IMPACT that their primary consideration tory footing, remove the minister end-stage. is the risk of reoffending on from the decision-making process, Ultimately, victim input raises OF BEING release. They receive informa- and create criteria for the purpose questions about what effect victims INFORMED AT tion on risk assessment from the of decision-making, which is to should have on parole outcomes. Probation Service and the Prison be focused primarily on consider- Victim support and the provision THE SEVEN- Psychology Service. ations of public protection. of information is accepted prac- Can a system primarily focused tice in most jurisdictions, but ver- YEAR STAGE, on risk assessment be reconciled Significant role bal and written submissions are a WHEN THERE with taking victim input into The bill also provides for the cause for closer scrutiny. consideration in decision-mak- board to receive written submis- States that permit victim input IS NO REAL ing? For example, a victim may sions from victims and, where a at parole hearings tend, also, to express a view that the offender hearing is held and it is consid- be characterised by punitive poli- PROSPECT should be released back into the ered necessary, the victim may cies on criminal justice generally. OF RELEASE, community, but this view may be attend and make oral submis- It is important that the reforms inconsistent with the information sions. The victim may also be adopted strike the balance between CAN CAUSE available to decision-makers that permitted legal representation supporting victims and victims’ the offender is at a high risk of for the purpose of the hearing. family members, with a system SERIOUS reoffending. Curiously, the bill does not refer that provides a rational and clear ANXIETY AND Alternatively, a victim may to victim input from family mem- basis for release or further deten- express the wish that the offender bers where the victim has died as tion, based on objective criteria. CONCERN TO continue to be detained. This a result of the offence. Perhaps focusing on factors may be inconsistent with the The bill proposes to provide such as the risk of reoffending and A VICTIM’S information available that the a significant role for victims in public protection is the best way FAMILY offender is at a low risk of reof- parole decision-making, but to ensure the protection of victims fending. there are real concerns as to and the public at large. MEMBERS 32 April 2018 COMMENT | VIEWPOINT Law Society Gazette | gazette.ie

BREAKING THE SILENCE

‘#MeToo’ has been the great enabler in the absence of proper systems for checking abuse and dealing with harassment, argues Noeline Blackwell

NOELINE BLACKWELL IS CHIEF EXECUTIVE OF THE DUBLIN RAPE CRISIS CENTRE AND IS A NON-PRACTISING SOLICITOR. SHE IS A CONSULTANT TO THE LAW SOCIETY’S HUMAN RIGHTS COMMITTEE

PIC: SHUTTERSTOCK in the sights of those testaments; for a system that just doesn’t know what to do. If our systems for checking abuse and harassment worked, 3 #MeToo would never have hap- pened. The dam would have had a sluice gate to allow people to report sexual transgressions. Those accused of the harassment would have been heard. There would be a just outcome and effec- tive remedy.

Filling the space ince October 2017, saying I am writing about this follow- But that system wasn’t there. A ‘#MeToo’ has enabled mil- ing a discussion between my col- social media campaign filled the lions of people, some for league and friend Kieran Cum- space, with all its benefits of reach- theS first time, to name the sexual mins and me at a Law Society ing people who had been denied harassment and abuse to which Human Rights Committee meet- their rights for too long, and they had been subject. It has cre- ing, where he raised his unease brought its attendant risks of pub- ated a significant shift, moving about the lack of due process on lication without proper caution. from a norm of not reporting social media for those accused of The answer cannot be to shut harassment, of blaming oneself, harassment. I responded, high- down or deny the importance of and only admitting it in safe spaces lighting the value to so many of #MeToo. That it is needed will – of which there were precious few. being able to finally name the be obvious to many readers of the A SOCIAL MEDIA Family, work colleagues or friends wrong done to them. Our articles Gazette who will know from their were not always safe. In fact, they continue the discussion. work and personal lives that sexual CAMPAIGN often constitute the main advisors harassment continues to be a real of silence and getting on with life. Bursting the dam and prevalent consequence of the FILLED THE Because of #MeToo, it has I liken the #MeToo phenomenon abuse of power. SPACE, WITH ALL dawned on many that their expe- to a dam. Before it roared into life Rather than close down the con- riences of sexual abuse and harass- in October 2017, many of those versation, we need to build better ITS BENEFITS ment are neither isolated nor who suffered sexual harassment systems to report and investigate unique. They have been able to felt sealed behind the dam walls, sexual harassment and abuse, and OF REACHING report their experiences into a required to stay isolated and silent. to provide effective hearings and PEOPLE WHO receptive, or at least a neutral #MeToo pressure from those remedies. That, in turn, will build space, rather than the previously who had put up with too much a better, safer, society – which ben- HAD BEEN normal negative one, where the burst the dam. And the sheer efits us all. default response was to enquire energy of the release is somewhat DENIED THEIR what the victim did to invite the terrifying for all concerned – for Anyone affected by these issues is wel- RIGHTS FOR attack. For many, #MeToo has those who are testifying to harms come to contact the Rape Crisis Cen- broken the silence. It has expanded long repressed and opportuni- tre’s national 24-hour helpline at: TOO LONG the safe spaces. ties denied; for those who will be 1800 778 888. Law Society Gazette | gazette.ie COMMENT | VIEWPOINT April 2018 33

‘TIME’S UP’ FOR #MeToo

Kieran Cummins argues that the #MeToo movement is not justice; rather, it is retribution

KIERAN CUMMINS IS DIRECTOR OF ECO ADVOCACY AND IS A MEMBER OF THE LAW SOCIETY’S HUMAN RIGHTS COMMITTEE

here has been much cov- PIC: SHUTTERSTOCK erage of the #MeToo movement in recent Ttimes. Any reasonable person would condemn the behaviour of people like Harvey Weinstein. 7 However, what started out as a debate about sexual violence has developed into an ugly form of McCarthyism. Public accusa- tions and character assassination are commonplace against named individuals who find themselves labelled as sex offenders without the well-developed legal concepts of due process, a right of reply, ered over 200 volunteer lawyers. tification of a publisher, meaning a formal opportunity to defend Should an attempt be made by that the laws of defamation are themselves, and the presumption a prosecution team in a criminal difficult to engage. of innocence. trial to produce a #MeToo claim A paper published in the journal as evidence, there is a very real Science recently found that false Viral campaign possibility that the judge would news spreads 20 times faster than The #MeToo movement was direct a jury that all such evidence real news on Twitter. originally a campaign to promote be deemed inadmissible because The #MeToo movement has “empowerment through empa- of excessive, prejudicial, pre-trial been responsible for calling out thy” among women of colour who publicity. Indeed, it is likely that men for anything from gross have experienced sexual abuse, defence lawyers would argue that predatory behaviour to infringe- particularly within underprivi- their clients would be unable to ments of a de minimis nature. #METOO IS leged communities, and which get a fair trial in circumstances There are no legal definitions and was created by Tarana Burke in where there has been such adverse no tests in ‘trial by social media’. NOT IN THE 2006. It spread to Afghanistan, publicity about their client, and The Economist recently pub- where it is estimated that 90% that the selection of an impartial lished a survey suggesting that, in INTERESTS OF of women suffer sexual harass- jury would be impossible. A trial the US, 18% of 18-year-old girls VICTIMS EITHER, ment. On 15 October 2017, would likely collapse. regard being asked out for a drink actress Alyssa Milano encouraged as sexual harassment. One quarter AS WITHOUT THE spreading the phrase as part of Loose talk of 18-year-old boys thought the an awareness campaign – it then On the civil end of the scale, social same. Over one-third of those PROTECTION OF went viral. media chat is essentially loose polled ranging in age from 18 to THE COURTS, The related ‘Time’s Up’ move- talk, where there is little concern 30 (male and female) said a man ment was founded on 1 January for accuracy, due process, or a ‘commenting on attractiveness’ SPEAKING OUT 2018 by Hollywood celebrities in right of reply. Furthermore, once would ‘always’ or ‘usually’ be a response to the ‘Weinstein effect’ something is published online, form of sexual harassment. IN PUBLIC IS and #MeToo. As of February it is very difficult to completely The #MeToo movement is FRAUGHT WITH 2018, it has raised $20 million for remove such content. Moreover, not justice; it is retribution. Two its legal defence fund and gath- there is also a lack of a clear iden- wrongs don’t make a right. RISKS 1999

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CR- Gazette Ful page ad 210mm X 275mm Plus Bleed.indd 1 10/03/2018 22:07 CR- Gazette Ful page ad 210mm X 275mm Plus Bleed.indd 1 10/03/2018 22:07 CR- Gazette Ful page ad 210mm X 275mm Plus Bleed.indd 1 10/03/2018 22:07 Law Society Gazette | gazette.ie COMMENT | LETTERS April 2018 35

DIVINING A CLAIM TO TITLE From: Noreen Maguire, Maguire Muldoon Solicitors, Clonskeagh, Dublin 14 ealing with Irish banks has become increasingly frustrating. Following theD recession, they made many of their ‘old-timers’ redundant, meaning that we now have a whole bunch of ‘newbies’ to deal with. The result? They don’t always have the experience to take a practical viewpoint! I stumbled upon the following recently (most likely an urban myth), which deals with a law- yer’s experience in the United States, but caused me to reflect on our situation here. Rebuilding New Orleans after will be necessary to clear the title ership was obtained from France, “Now the Pope, as I’m sure Katrina often led to residents back to its origin.” which had acquired it by Right of you may know, is the emissary of being challenged to prove home The lawyer responded: Conquest from Spain. The land Jesus Christ, the Son of God, and titles going back hundreds of “I note that you wish to have came into the possession of Spain God, it is commonly accepted, years. Over two centuries, houses proof of title extended further by Right of Discovery made in created this world. Therefore, I were passed along through gen- than the 206 years already cov- the year 1492 by a sea captain believe it is safe to presume that erations of families, sometimes ered in the present application. named Christopher Columbus, God also made that part of the making it quite difficult to estab- I was unaware that any educated who had been granted the privi- world called Louisiana. God, lish a paper trail of ownership. person in this country, particu- lege of seeking a new route to therefore, would be the owner of A lawyer sought a Federal larly those working with real India by the Spanish monarch, origin, and His origins date back Housing Administration (FHA) property, would not know that Queen Isabella. to before the beginning of time, rebuilding loan for a client. He Louisiana was purchased by the “The good Queen Isabella, the world as we know it, and was told that the loan would be United States from France in being a pious woman and almost the FHA. I hope you find God’s granted upon submission of sat- 1803, the year of origin of title as careful about titles as the FHA, original claim to be satisfactory. isfactory proof of ownership of identified in our application. took the precaution of securing “Now, may we have our recon- property, as it was being offered “For the edification of unin- the blessing of the Pope before struction loan?” as collateral. It took the lawyer formed FHA bureaucrats, the she sold her jewels to finance The loan was immediately three months, but he was able to title to the land prior to US own- Columbus’ expedition. approved. prove title dating back to 1803. After sending the information to the FHA, he received the follow- VACATES OF CHARGE ing reply: “Upon review of your letter From: Michael G Shiel & Co, Despite my discharging the would not be in a position to adjoining your client’s loan appli- Solicitors, Letterkenny, Co Donegal full mortgage quite some time provide Promontoria with the cation, we note that the request recently encountered major ago, Promontoria have yet purchaser’s details requested. is supported by an Abstract of difficulty in obtaining a dis- to provide a sealed vacate of This letter is to warn col- Title. While we compliment charge of a mortgage, now charge, as they continually write leagues that, in the event you the able manner in which you Iowned by Promontoria (Oyster) to us seeking further personal are dealing with Promontoria, have prepared and presented DAC. Essentially, this mortgage information and details regard- I would countenance you to the application, we must point was originally taken by my client ing both the vendor and the be extremely careful before out that you have only cleared with Ulster Bank, but the bank purchaser. you provide an undertaking to title to the proposed collateral sold this particular mortgage Thankfully, I have the cooper- provide a sealed discharge, as property back to 1803. Before on to Promontoria, who are, I ation of the purchaser’s solicitor, Promontoria are proving very final approval can be accorded, it believe, a US-based vulture fund. but only for that cooperation, I difficult to deal with. 36 April 2018 COVER STORY Law Society Gazette | gazette.ie TOP dogs

The US has pioneered the concept of ‘courthouse dogs’ – specially trained facility dogs that are allowed to accompany vulnerable witnesses in court as they testify. Patricia Hynes goes walkies

PATRICIA HYNES IS A PRACTISING SOLICITOR WITH FITZGERALD SOLICITORS, CORK, AND IS A MEMBER OF THE LAW SOCIETY’S HUMAN RIGHTS COMMITTEE Law Society Gazette | gazette.ie COVER STORY April 2018 37 PIC: CIAN REDMOND/REXFEATURES 38 April 2018 COVER STORY Law Society Gazette | gazette.ie

n 22 February 2018, the When asked about what they recalled about Victims’ Rights Alliance AT A GLANCE being molested and the subsequent court and the Irish Council for Civil hearing, they immediately recalled a dog Liberties launched a new guide on the n The mission of the Courthouse Dogs named Jeeter, and replied, “I remember him EU Victims Directive and the Criminal Foundation is to promote justice drinking out of the sink in the bathroom and Justice (Victims of Crime) Act 2017. This guide with compassion through the use of thinking that was awesome,” while the other was aimed at anyone working with victims professionally trained courthouse said: “I remember Jeeter slobbering on me.” in the justice system. Maria McDonald BL, facility dogs to provide emotional For their mother, that was the ultimate of the Victims’ Rights Alliance, commented support to everyone in the justice testament to the role King County’s first when launching the guide that the intention system courthouse dog played in her daughters’ was to open up discussions on innovative ways n The foundation envisions a world emotional recovery since their sexual abuse. to protect victims as they encounter possibly where a facility dog can be made She said: “Their memories, which could have traumatic difficulties in the legal system. available to every courthouse in order been so graphic, are limited. Jeeter gave the She cited the example from Britain, where to provide emotional support to girls a chance to get over an ugly situation. child victims of serious crimes are allowed anyone in need during stressful legal Victims in every county in every state deserve to bring toys or pets into the witness box proceedings the same opportunity.” with them. And in the US, she noted the With the aid of Jeeter, a golden retriever/lab use of specially trained dogs being allowed mix, the twins in 2004 became the first victims to accompany vulnerable witnesses as they spread throughout the prosecutor’s office. of crime in the US to testify at a trial with the testified. One day, Ellen was approached by a deputy aid of a facility dog. The term ‘courthouse prosecutor who relayed to her the difficulties dogs’ was coined to describe dogs that assist Dog day afternoon he was having prosecuting a father on charges legal professionals in the investigation and In Seattle, Washington, USA, Ellen O’Neill- of first-degree rape of a child and first-degree prosecution of crimes. Stephens, a retired deputy prosecuting child molestation of his twin daughters. The attorney (who I am proud to call my cousin) prosecutor commented: “The twins won’t talk Deputy dawg noted with interest the introduction on 27 to me.” In the US, ‘facility dogs’ are a type of November 2017 of the Criminal Justice (Victims Ellen, Seán and Jeeter paid a visit to the assistance dogs that have been trained by an of Crime) Act 2017. She received her bachelor’s girls, who instantly bonded with the dog. As a assistance dog organisation, which is a member degree in sociology and was a juvenile result, the prosecutor was able to interview the of Assistance Dogs International (ADI). ADI is probation officer before entering law school. girls in the presence of Jeeter. However, when a non-profit organisation that sets the highest The Courthouse Dogs Foundation and the twins saw their father in the courtroom standards for the training and placement of the development of its model in the US was where they were to testify against him, they these dogs. It certifies that the dog and handler cofounded by Ellen and Dr Celeste Walsen both broke down and cried. teams will not create a public hazard. in 2008. Dr Walsen has a doctor of veterinary With permission from the judge, Ellen Facility dogs differ from service dogs in medicine degree and a BA in psychology. brought Jeeter into court. One of the girls that they do not assist people with disabilities, Ellen’s son Seán and his service dog Jeeter was hesitant to describe where she was and don’t have public access. Facility dogs are were the inspiration for what was to become inappropriately touched by her father, but assigned to institutions rather than individuals. the Courthouse Dogs Foundation. She first she did so by reference to Jeeter’s body parts. They assist professionals by improving the started bringing Jeeter to juvenile court in The girls were interviewed some seven years quality of their work. In the legal system, such King County, Seattle, in 2003 on a part-time later, when they were aged 16, by Christine dogs are placed with professional handlers and unofficial basis. She saw first-hand how Clarridge, a reporter from the Seattle Times and work with victim advocates, forensic the dog’s presence relaxed everyone in the for her article ‘Courthouse dogs calm victims’ interviewers, law enforcement officers, and courtroom. Word of how he lessened tensions fears about testifying’. assistant district attorneys.

COURTHOUSE DOGS PROVIDE COMFORT AND REASSURANCE TO CHILDREN AND VULNERABLE VICTIMS, ALLOWING THEM TO OPEN UP ABOUT WHAT HAPPENED TO THEM AND GIVE EVIDENCE AT TRIAL Law Society Gazette | gazette.ie COVER STORY April 2018 39

Ellen O'Neill-Stephens with Jeeter – the world’s first courthouse dog

Each dog comes to its handler with about professionally trained dogs and handlers benefits of courthouse facility dogs and their two years of training. The dogs live with should be involved in this process. role in the legal system. their ‘owner’ handlers and accompany them The Courthouse Dogs website was launched Training programmes are available for to work each day. In addition to the primary in 2008 to set about informing members of attorneys, child advocacy centres, and other handler, there may be one or two others who the public and legal professionals about the legal professionals in order to develop a are trained to work with and care for the dog when the primary handler is unavailable. There are distinct differences between facility dogs and ‘pet therapy dogs’. The FOCAL POINT latter have usually gone through training with their owners to provide comfort RESEARCH BASIS to a variety of people. Their use is not It is acknowledged that the process include being hurt by the defendant, recommended by the Courthouse Dogs of a victim giving evidence can be a embarrassment about crying or not Foundation, since therapy dogs (normally traumatic experience. The emotional being able to answer questions, and registered with therapy dog organisations) state of a victim may affect their ability going to jail. The more frightened a child require minimal training and little or no to participate in the legal process. It is is, the less he or she is able to answer oversight of the dog/handler team. also well accepted that scientific evidence questions.” Although pet-therapy dog owners are shows that dogs reduce stress in people. The journal noted: “To decrease the well-meaning, they can unknowingly become Furthermore, in March 2017, the stress experienced by children appearing witnesses if a victim discloses information journal of the American Academy of in courts, various accommodations about a crime to them. They may also become Pediatrics published a policy statement were developed, ranging from allowing emotionally traumatised by being exposed entitled ‘The child witness in the children to hold comforting objects to to another person’s suffering and could courtroom’. They said that “studies being accompanied by a support person inadvertently, through their actions, create have established clearly that children while testifying”. They further noted: grounds for a mistrial or an issue on appeal. experience anxiety surrounding court “Recently, specially trained facility dogs Providing services to vulnerable people appearances, and that the main fear is have been allowed to offer comfort for involved in stressful legal proceedings is of facing the defendant. Other fears witnesses.” regarded as ‘mission-critical’ work, so only HERE’S TO THOSE WHO CHANGED THE WORLD WHAT

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best-practice model throughout the US, and subsequently in Canada and Chile. This led to the founding, in 2012, of the non- profit organisation, the Courthouse Dogs Foundation.

Dog eat dog There have been challenges to the practice. Mr Timothy Dye appealed his 2010 burglary conviction in King County Superior Court on the grounds that allowing a dog to sit with a disabled victim during the trial unfairly “presupposed to the jury the very victimhood of the complainant”. The appeals court ruled unanimously that the dog’s temporary presence did not create a bias. “It’s a loaded situation,” said attorney Jan Trasen, who handled Dye’s appeal. “The defendant is supposed to have a presumption of innocence, and the jury is supposed to reserve judgment, but then you have an alleged victim testifying with the most beautiful, well-trained dog you have ever seen.” However, Ellen O’Neill-Stephens said that Courthouse dogs may be useful, but cats will judge you the court ruling came as no surprise. Her view is that a correctly trained facility dog is legally The groundbreaking contribution of the While assistance dogs are an integral part neutral. She further holds that the dog does Courthouse Dogs Foundation has been in the daily lives of many people in Ireland, not take sides and provides unconditional love recognised by the following awards: the role of assistance and therapy dogs in and acceptance to anyone who wants it. In • Finalist in the competition for the the area of education, nursing homes, and addition, facility dogs are trained to lie quietly ‘Successful Innovating Justice Award’ at the the prison service largely goes under the on the floor of the witness box and are out Hague Institute for the Internationalisation radar. The use of courthouse facility dogs to of sight of the jury. Since then, ten appellate of Law in 2013, support victims of crime is not presently a courts in the US have reviewed this issue, and • ‘Victims’ Rights Partnership Award’ from feature of the Irish court system. all have affirmed the practice, once certain the National Crime Victim Law Institute conditions are met. in the US in 2014, and • The Paul H Chapman Award 2017 Paws for thought for ‘Significant Contribution to the LOOK IT UP Testament to the success of the Courthouse Improvement of Justice in America’. WEBSITES: Dogs model is the fact that there are now n https://courthousedogs.org over 180 courthouse facility dogs working Courthouse dogs provide comfort and n https://courthousedogs.org/legal/ in the United States, Canada and Chile. Six reassurance to children and vulnerable appellate-case-law/ states across the US have enacted legislation victims, allowing them to open up about that permits facility dogs to provide this what happened to them and give evidence at LITERATURE: accommodation to testifying witnesses under trial. The mere presence of the dogs, which n Christine Clarridge, ‘Courthouse certain circumstances. Most recently, on are trained to unobtrusively interact with dogs calm victims’ fears about 7 February 2018, the Association of humans, can put frightened people at ease and testifying’, Seattle Times, 22 Prosecuting Attorneys (a US national help allay the reluctance some children and September 2012 association dedicated to supporting and victims experience when discussing traumatic n Robert H Pantell, ‘The child witness enhancing prosecutors in their efforts to create experiences (see panel, p39). in the courtroom’ (policy statement, safer communities) resolved to support the In 2011, Scott Burns, executive director of Committee on Psychosocial use of facility dogs as a model practice for the National District Attorneys Association Aspects of Child and Family Health, providing quiet companionship to vulnerable (which passed a resolution supporting the Pediatrics, American Academy of individuals during the investigation and use of court facility dogs), commented: “If a Pediatrics, March 2017, vol 139, prosecution of crimes and other stressful legal victim or witness shuts down on the witness issue 3) proceedings. stand, the system has failed everyone.” 42 April 2018 DATA PROTECTION Law Society Gazette | gazette.ie

See, DPO In case you hadn’t heard, the GDPR is coming! Eoin Cannon and Siobhán Coen look at the duties of data protection officers, when they’re needed, and who should be appointed to the role

EOIN CANNON IS A DUBLIN-BASED BARRISTER. SIOBHÁN COEN IS A DATA PROTECTION SOLICITOR WITH AIB

he General Data Protection Regulation Bill when enacted, the GDPR outlines that most public (GDPR) comes into effect in May. It has sector bodies will be required to appoint a DPO where they been estimated that the regulation will require the are a controller of personal data, as will private bodies that are appointment of 28,000 data protection officers acting as controller of personal data where processing involves (DPOs) Europe-wide. The role of the DPO has regular and systematic monitoring of individuals on a large been described as a cornerstone of the principle scale or the processing of ‘special categories’ of personal of accountability that is at the heart of the data. Where a body is a processor, it may be obliged to GDPR, and it is a requirement to hire a DPO in certain appoint a DPO also. situations (article 4). A single DPO can be appointed in respect of an undertaking. The failure of a data controller to comply with This should take account of the scale and size of the the requirements surrounding DPOs organisation and its processing leaves them open to heavy potential operations. Where an organisation is fines under the GDPR – which are operating in several member states, substantial: up to €10 million or, in the AT A GLANCE the DPO will need to have knowledge case of an undertaking, up to 2% of the n The GDPR seeks to standardise of the different data protection rules total worldwide annual turnover of the data protection law across Europe, applying in each member state. The preceding financial year, whichever is and through the threat of large member state legislation that will higher. fines seeks to have these laws taken implement the GDPR will introduce While certain specific functions may seriously variances in the law. For example, the be outlined in the as yet-to-be enacted n Data protection officers are ‘digital age of consent’ for children Data Protection Bill 2018, the role is envisaged as a central cog in all of will differ between the member states. clearly detailed in the text of the GDPR. this Organisations may also appoint n It has been estimated that the a DPO on a voluntary basis and Do I need a DPO? GDPR will require the appointment may choose to do so as a means of While there may be some additional of 28,000 data protection officers improving customer confidence and specific measures that may be stated as across Europe organisational practice. However, requiring a DPO in the Data Protection care should be taken, as assigning the Law Society Gazette | gazette.ie DATA PROTECTION April 2018 43 PIC: REXFEATURES

‘Excuse me sir, but that GDPR is in prime condition – a real bargain’ 44 April 2018 DATA PROTECTION Law Society Gazette | gazette.ie

title of DPO will lead to the organisation The DPO must be adequately resourced assuming the statutory obligations associated to perform the role and be provided with with a DPO under the GDPR. additional training as required. This does not diminish the need to appoint a suitably What does the DPO do? qualified person, but rather facilitates a In short: communicate, advise, guide, DPO who may require additional training to represent, record. perform specific tasks as the law evolves. The purpose of a DPO is to assist Bill an organisation in monitoring internal Who to appoint? compliance with the GDPR. The DPO Careful consideration should be given will be a key individual in an organisation’s ‘Data Protection’ Bill: “We’re doomed!” to choosing the individual who will fulfil data governance structure and will enable the role of the DPO. The GDPR is not compliance through the implementation of a potential conflict, with the need for prescriptive in relation to the necessary accountability principles. The DPO will act confidentiality between the DPO and their experience of a DPO, stating that a as a mediator between an organisation and employing body, as outlined in article 38. DPO “shall be designated on the basis of key stakeholders, such as the supervisory A DPO should also be consulted should professional qualities and, in particular, authorities and data subjects. a data breach occur and, once appointed, expert knowledge of data protection law and There is a mandatory list of tasks for they must be accessible for all who may wish practices, and the ability to fulfil the tasks which the DPO is responsible, outlined in to contact them – including data subjects referred to in article 39” (article 37). The article 39 of the GDPR, and these have been (articles 38(4) and 39). Controllers and necessary level of expert knowledge should echoed in the Data Protection Bill. These processors should publish the details of a be designated in accordance with the tasks tasks may be distilled into the following DPO role to this end (article 37). that are set out to be performed. categories. While there is a requirement in article To underscore the importance of the role Firstly, the role is advisory to those parties 30 that the data controller maintain a record within the organisation, the DPO must that matter – the controller and processor of processing activities or operations, it is report to the highest management level of an – but this also includes any employees suggested that this be done by the DPO on organisation (such as the board of directors). processing data. their behalf in order to aid their position as The level of expertise will vary, depending There is also an educational aspect in the ‘point person’ for a controller/processor on the complexity of activities in relation what is referred to as ‘awareness raising’ and should they be required to engage with to data that an organisation is carrying out. training of relevant staff (see article 39(a) and the Data Protection Commissioner and The DPO should have a deep understanding (b) and section 32 of the bill). or cooperate with them (Article 29 of the organisation’s activities and the A DPO must provide advice in relation Working Party Guidelines on Data industry in which it operates. The more to a data impact assessment and monitor Protection Officers, p18). complex and unusual the area, the more this, where appropriate, giving guidance to specialist the expertise required. This would processors and controllers of personal data Employers’ duties lead most organisations to appoint a person and helping them to identify, grade and An employing body must “actively support who already works within their ranks to the avoid risks associated with data processing the role, including sufficient time being position of DPO as a means of capitalising (GDPR article 35(2) and 77). allocated to a DPO in the performance on their experience of a body’s structure A DPO is required to cooperate with the of their duties; they are not to receive and practice. Data Protection Commissioner and is to act instruction in relation to their tasks by either as a contact point on behalf of controllers controller or processor, and must not be DPO as an in-house role and processors, should the need arise. It ‘dismissed or penalised’ in the performance The solicitor who assumes the dual position would appear that this aspect would present of their tasks (article 38 GDPR). of in-house solicitor and DPO was discussed at the Law Society’s 2017 conference for in-house solicitors in the private and public sectors (December 2017 Gazette, p26). The decision as to whether an in-house solicitor THE FAILURE OF A DATA should assume an appointment as a DPO must be considered on its merits in every CONTROLLER TO COMPLY WITH THE individual situation. Consideration has to be given to the REQUIREMENTS SURROUNDING DPOs scale of an organisation, its processing LEAVES THEM OPEN TO THE HEAVY activities, and the existing role and functions of in-house counsel when determining POTENTIAL FINES UNDER GDPR whether the independence of a DPO can Law Society Gazette | gazette.ie DATA PROTECTION April 2018 45

be maintained. One of the main benefits operating officer, chief financial officer, chief cog in all of this, a role that encompasses many of having someone working in-house is medical officer, head of marketing, head of different skill-sets and demands a high degree that, especially if they have worked in human resources, and head of IT. of independence in discharging its function. an organisation for some time prior to A DPO is responsible for consultation with appointment, they are likely to have a An independent DPO data subjects and educating a workforce, but unique understanding of the workings of The manifestation of the role of a DPO as must be at a remove from its employer to that organisation, leaving them in a better outlined by the GDPR may also lie in a person ensure compliance with the GDPR and enable position in which to advise. or body separate to the organisation that they the role as a go-between in any exchanges with However, the role may become are overseeing. In this context, even with the Data Protection Commissioner should challenging, as one may be placed in the large organisations with complex structures, the need arise. This independence applies difficult position of having to self-audit while it may be of benefit to have a person regardless of whether they are an employee or one’s decision-making as in-house counsel or persons who are working experts on data employed on a contract-for-services basis. against the role of the DPO. It is likely to protection within the organisation, the final Employing bodies have a choice as to what prove impossible to separate one’s thought- say on compliance with the regulation may form the appointment of a DPO is to take: processes and decisions for each distinct role. best be taken by someone at a remove, giving whether it is possible to maintain adequate If in-house counsel is performing a dual role a detached view. Further, many organisations levels of independence while working in- and seeks to rely on professional privilege, are not going to need a full-time DPO and will house, or whether an external DPO will have the non-legal aspect of the role may cause a simply be happy to have the role filled on a the requisite insight to complete their duties. loss of professional privilege. part-time basis. This choice must be addressed on a case-by- In short, the role should not be The main benefit would be that case basis. The resulting success or lack thereof undertaken if it cannot be adequately independence will act as protection for both will likely depend very much on the attitude fulfilled. Although a DPO cannot be held employer and DPO, shielding the latter from of the employing body involved, as much as personally liable under the GDPR, there is undue pressure to crowbar their analysis of the work of the DPO appointed, in whatever the risk of reputational damage if one is the data protection concerns into the desires capacity that may be. DPO of a non-compliant organisation. Some of management. The clear weakness of the in-house practitioners may consider the role independent DPO is that they may only be of the DPO as a specialised legal area, which as useful as the information they are supplied they wish to focus on as a standalone role. with, should they not have a complete LOOK IT UP It is further the case that, while someone understanding of the organisation that they LEGISLATION: may be given the task of DPO along with oversee. n General Data Protection Regulation other duties, article 38(6) of the GDPR n Data Protection Bill 2018 outlines that the other duties cannot be Let the Wookie win incompatible with their DPO functions. The GDPR does not reinvent the wheel in LITERATURE: A clear conflict of interest arises where a relation to data protection law. However, n Law Society Gazette, December DPO also takes the role of data controller. what it does is to attempt to standardise data 2017, p26 Examples of roles that would conflict with a protection law across Europe and, through the n Article 29 Working Party, Guidelines DPO’s duties were outlined by the Article 29 threat of large fines, seeks to have these laws on Data Protection Officers Working Party: chief executive officer, chief taken seriously. A DPO is envisaged as a central 46 April 2018 RULE OF LAW Law Society Gazette | gazette.ie PIC: SHUTTERSTOCK

ONE OF THE KEY PROTEST DEMANDS WAS TO BRING AN END TO THE CORRUPTION THAT HAD PLAGUED THE COUNTRY SINCE THE COLLAPSE OF THE SOVIET UNION IN THE EARLY 1990s Law Society Gazette | gazette.ie RULE OF LAW April 2018 47

Talkin’ ’bout a revolution In response to the Ukrainian ‘Revolution of Dignity’, the EU Advisory Mission to Ukraine was established. Lynn Sheehan describes its work and progress

LYNN SHEEHAN IS AN IRISH SOLICITOR WHO IS CURRENTLY DEPLOYED TO THE EU ADVISORY MISSION TO UKRAINE AS DEPUTY HEAD OF OPERATIONS BY THE DEPARTMENT OF FOREIGN AFFAIRS AND TRADE. ANY VIEWS EXPRESSED ARE THE AUTHOR’S OWN

n the winter of 2013/2014, the people of Ukraine The compound is now open to the public and is a popular embarked on a series of demonstrations that weekend destination for hikers and cyclists, who can also tour culminated in the ‘Revolution of Dignity’. One the ex-president’s residence, Spanish-style galleon, expansive of the key protest demands was to bring an end gardens, and mini zoo. The revolution is the subject of a to the corruption that had plagued number of films, including the the country since the collapse of the documentary Winter on Fire: Soviet Union in the early 1990s. AT A GLANCE Ukraine’s Fight for Freedom, directed This demand was intrinsically by Evgeny Afineevsky, which was linked with the population’s lack of n EUAM’s focus is on police reform, nominated for an Oscar in 2016 and confidence in the rule of law. The but it is also tasked with advising which provides an insight into the initial protests were sparked by the on prosecutorial and judicial reform reasons behind the initial protests decision of the then-president Victor and supports the full range of and the escalation of events. Yanukovych, in November 2013, to Ukrainian law enforcement bodies In response to the revolution, suspend preparations for the signature n The mission also works in the Council of the EU decided of an association agreement with cooperation with a range of EU to establish the EU Advisory the EU. The protests were met with Commission-funded projects Mission to Ukraine (EUAM), with police force and, ultimately, this led to targeting, among other things, the mission officially launched fatalities and casualties. corruption, and judicial and law- in December 2014. EUAM is a The president fled and the enforcement reform common security and defence demonstrators subsequently broke n EUAM has also played a role in policy mission under the European into his vast residential compound coordinating donor activity in terms External Action Service, led outside Kyiv, finding a range of the establishment of the new by Frederica Mogherini (High of acquisitions indicative of an Supreme Court of Ukraine Representative of the EU for opulent and extravagant lifestyle. Foreign Affairs and Security Policy). 48 April 2018 RULE OF LAW Law Society Gazette | gazette.ie

It is one of 11 such EU missions across Europe, the Middle-East and Africa. EUAM has the full support of the Irish Government, and the Department of Foreign Affairs and Trade deploys two professionals (one police officer and one solicitor) to the mission.

Police reform The focus of EUAM is on police reform (in part a response to Ukrainian police actions during the Revolution of Dignity), but it is also tasked with advising on prosecutorial and judicial reform and supports the full range of Ukrainian law enforcement bodies. Collectively, these bodies are referred to as the ‘civilian security sector’. EUAM also works in cooperation with a Victoria Popovich, Tatyana Gosha, Lyudmila Ivashchuk, Irina Vuhovanec, Julia Galushchak and Yelena range of EU Commission-funded projects Nadeyeva at a communications training event for prosecutors targeting, among other things, corruption, judicial reform, and law-enforcement body State Fiscal Service, and the State Border of certain politicians, and also by how much reform. Accordingly, it is part of the ‘EU Guard Service on a range of institution- money they kept in cash. family’ operating in Ukraine. building and capacity-enhancing initiatives. Since then, there has been disappointment The year 2017 was important for Ukraine This includes advising on mechanisms to among both Ukrainians and the in terms of Ukraine/EU relations. On 1 address corruption within their respective international community about the lack of September, the EU association agreement institutions. action in terms of e-declaration verification came into effect, having been signed in June To a lesser extent, EUAM advises and subsequent investigations. In this 2014 by the then newly elected president the recently established Ukrainian anti- regard, Ukraine is currently in the process of Petro Poroshenko, thus ‘righting the wrong’ corruption agencies, some of which have, drafting legislation on the establishment of a of Victor Yanukovych in failing to sign it since establishment over two years ago, high anti-corruption court. some eight months previously. Ireland was struggled to assert their independence and In October 2017, an opinion was provided among the first of the EU countries to ratify to disentangle themselves from political by the Venice Commission of the Council the agreement. influence. of Europe on two draft laws related to the A key feature of the agreement is the Deep establishment of such a court. Opinion and Comprehensive Free Trade Agreement, I do declare! 896/2017 was adopted by the Venice which creates a free-trade area between One of the most significant reforms Commission in October 2017. Discussions Ukraine and the EU, including Ireland. introduced to combat corruption – and one are currently ongoing in Ukraine about, In addition, visa-free, short-term travel of the requirements for visa liberalisation among other things, the jurisdiction of the to Europe for Ukrainians with biometric with the EU – was an ‘e-declaration system’, court and the manner in which the judges of passports came into effect in June 2017. introduced in 2016, that obliges public the court should be appointed. EUAM’s key task is to provide strategic officials to declare their property and wealth advice to law-enforcement bodies, such online. Upward trajectory as the Ministry of Internal Affairs, the In late 2016, when the e-declarations EUAM also works closely with the national police, the General Prosecutor’s became publically accessible, there was quite Ukrainian prosecution service and, to a Office, the State Security Service, the an amount of surprise expressed at the wealth lesser extent, with the courts. A recent public

THE FORMER PRESIDENT’S COMPOUND IS NOW OPEN TO THE PUBLIC AND IS A POPULAR WEEKEND DESTINATION FOR HIKERS AND CYCLISTS, WHO CAN ALSO TOUR THE EX-PRESIDENT’S RESIDENCE, SPANISH-STYLE GALLEON, EXPANSIVE GARDENS, AND MINI ZOO Law Society Gazette | gazette.ie RULE OF LAW April 2018 49

EUAM IS STRIVING TO ENSURE THAT a written examination, a psychological test and an interview. The interviews, ALL REFORMS ARE LOCALLY OWNED which were broadcast on YouTube, gave AND DRIVEN the interview panel the opportunity to ask questions on the candidates’ past professional experience, their financial circumstances, and their assets. The law also provided for a 20-member Public survey conducted by EUAM showed public done. In this regard, EUAM is striving to Integrity Council, selected by civil society trust in the prosecution system and the ensure that all reforms are locally owned organisations, to investigate candidates’ courts to be on an upward trajectory, with and driven. One of the key reforms that the circumstances in terms of meeting the trust in the prosecution service at 20% (a prosecutor’s office is currently tackling is necessary standards on ethical behaviour seven percentage point increase compared the obligation to transfer its investigative and integrity. with two years previously) and in the courts functions to a range of law-enforcement at 17% (a four percentage point increase bodies, including the National Anti- Judicial ethics compared with two years previously). Corruption Bureau (established 2015), In terms of establishing/maintaining an In relative global terms, however, this and the State Bureau of Investigations independent judiciary, free from corruption, level of public trust is very low and, if a (established late 2017, but not yet it is critical that judicial ethics are strictly similar survey were carried out in Ireland, operational). observed. To this end, in September 2017, where the courts are independent and free This has led to disputes over jurisdiction, Chief Justice Frank Clarke, Mr Justice from political influence, those percentages with claims being made that the prosecution George Birmingham and barrister Helen would be significantly higher. service is unwilling to make the reforms Boyle conducted a series of training EUAM would like to see public trust that are necessary in accordance with the events at the Ukrainian National School in the prosecution service grow and, to law and that its motivation is to retain its of Judges in both Kyiv and Kharkiv. this end, the mission (together with other powerbase of investigative authority. Under There, they addressed questions of judicial donors) continues to provide support and the reform process, prosecutors are obliged ethics, including suitable judicial conduct advice to the General Prosecutor’s Office of to take on the role of ‘procedural managers’ off the bench, maintenance of judicial Ukraine on a range of issues, including: of individual cases and to oversee criminal confidentiality, and recusal. • Abolition of ‘general supervision powers’, investigation cases. The Chief Justice also presided over an which are a legacy of Ukraine’s Soviet EUAM has also played a role in expert discussion on judicial independence, past, coordinating donor activity in terms of the organised by EUAM, that was attended by a • Establishment of prosecutorial self- establishment of the new Supreme Court range of international organisations (Council governance bodies, of Ukraine, which was officially launched of Europe, USAID, EU Delegation), • Performance evaluation, and on 15 December 2017. In November 2016, together with high-ranking members of the • Legislative reform. an advertisement was posted online for Ukrainian judiciary. At the expert discussion, 120 vacancies at the new court, and over the Chief Justice remarked on the high Progress has been made since the adoption 800 applications were received. Candidates levels of transparency evident during the of the Law on the Public Prosecutor’s Office of who were found to fulfil the minimum recruitment of judges to the new Supreme Ukraine in 2014, but there is still much to be criteria were subject to a background check, Court. He also expressed a hope that it would bring with it the required levels of judicial independence, as he observed that there is not necessarily always a direct correlation between transparency and independence. The cooperation with the Irish judiciary will continue this year, with a study visit by a delegation of Ukrainian judges to Ireland in spring 2018 and a return visit by the aforementioned Irish delegation to Ukraine to provide further training on judicial ethics. These events are being conducted under the auspices of the National School of Judges of Ukraine and will be financed by the Kestutis Lancinskas (head of mission, EUAM) with a member of the patrol police of Ukraine, at a Europe Department of Foreign Affairs and EUAM Day celebration in Kyiv in 2016 respectively. 50 April 2018 DISCOVERY Law Society Gazette | gazette.ie

DISCOVERY WHEN YOU’RE David When it comes to discovery, smaller parties in large-scale discovery struggles need to choose their battlefield wisely. Ben Clarke fires his sling

BEN CLARKE IS A DUBLIN-BASED BARRISTER. HE WISHES TO THANK SIMON COLLINS FOR REVIEWING THE ARTICLE

ractitioners and litigants understandably often adopt to version 2.0 of the Good Practice Discovery Guide, published a tough stance when facing down larger parties, such by the Commercial Litigation Association of Ireland (CLAI). as State bodies or financial institutions, and Regard should also be had to the recent CLAI discussion the huge resources at document entitled Possible Reforms their disposal. This to the Rules of the Superior Courts to is all the more true in the context Reduce the Time and Cost of Discovery. of the various pre-trial procedures AT A GLANCE These documents will bring applicable in large cases. There n Adopting a tough stance when any practitioner up to speed is no better example of this than facing up against larger parties can with the various issues facing the in motions for discovery. In this be understandable, but in motions courts in the context of discovery context, such parties can choose the for discovery, it’s wise to ‘box projects involving large amounts of wrong issues about which to ‘get clever’ electronically stored information tough’, and perhaps misapprehend n Practitioners involved in large-scale (ESI). what does, and does not, constitute discovery should pay attention to a ‘victory’. the Good Practice Discovery Guide Back to basics This can be due to ignorance (version 2.0) published by the To understand the practical issues about the process, and the fears that Commercial Litigation Association addressed below, it is necessary to naturally arise from a perceived lack of Ireland understand the fundamentals of of resources on behalf of smaller n After initial processing of the electronic document review (EDR) parties. This article highlights some electronically stored information, it and technology assisted review specific areas in which the ‘small may be necessary to further narrow (TAR). For this, practitioners should guy’ can – and should – ‘box clever’. the universe of documents through refer to the April 2017 issue of the Practitioners involved in large- technology assisted review Gazette (p44). scale discovery should pay attention The increased use of electronic Law Society Gazette | gazette.ie DISCOVERY April 2018 51

WHILE A PARTY MAY FEEL THAT THEY HAVE ACHIEVED A VICTORY THROUGH THE INCLUSION OF ADDITIONAL BROAD KEYWORDS, SUCH A VICTORY MAY LATER PROVE PYRRHIC, PARTICULARLY WHEN COSTS ARE BEING ADDRESSED PIC: SHUTTERSTOCK 52 April 2018 DISCOVERY Law Society Gazette | gazette.ie

devices has led to a corresponding predictions will be sufficiently consistent search terms, practitioners should ensure proliferation of ESI. Today, even relatively with the manual decisions, so that it will they are adding value. Although methods standard cases might necessitate a be able to make reliable and accurate such as Boolean operators may assist, non- document review encompassing electronic predictions for the remaining documents. specific keywords like ‘bank’, ‘central bank’, documents numbering in the tens or ‘guarantee’, ‘contract’, or ‘interest’ will not hundreds of thousands. This process will Keeping it relevant assist either side. involve a team of reviewers working on TAR involves a number of stages and, While a party may feel that they have an electronic review platform. This is a although there has been debate as to the achieved a victory through the inclusion of program that presents the reviewer with precise stage at which it should be carried additional broad keywords, such a victory documents that the reviewer codes by out, the process will involve the preliminary may later prove pyrrhic, particularly when clicking the appropriate boxes in respect of identification of potentially relevant costs are being addressed. applicable categories – privilege, redaction, documents by applying keywords to the etc – and is called manual review. electronic documents held by a party. Who’s yo’ daddy? Before manual review commences, the Even where TAR isn’t applied, keywords The manner in which families of party making discovery must gather the may still be used in the processing stage to documents are treated is a central issue data from the relevant custodians and remove irrelevant data. in any review. In both hard and soft- sources. In large cases, it is increasingly In either case, the categories are already copy review, it is vital that the context common that this process can return set. The specificity of keywords should and familial relationship of documents is over a million documents. This body of not be perceived as an attempt by the maintained. ‘Family’ in this context refers documents is referred to as the ‘universe’ discovering party to avoid their obligations. to the hierarchical relationship between of documents. This raw ESI must then be The application of appropriately constructed groups of documents. The best example of processed. Documents may then be filtered keywords is a device enabling parties to this in the context of ESI is the relationship by date range and keywords (or search separate the wheat from the chaff. between an email – the ‘parent’ document – terms), to identify potentially relevant While a balance must be struck, it goes and its attachments, ‘the children’. documents. The quantity of documents without saying that overly broad keywords Irrelevant documents should not be returned through this process will depend are not helpful in this process. Practitioners discovered, but attachments should never on factors such as the temporal scope of who are less familiar with the process will be ‘orphaned’. The Good Practice Discovery the discovery order and the precision of the often push for the inclusion of inappropriate Guide covers this issue in detail at 15.1 keywords applied. terms, based on the fear that what they (p57) and F.2.3 (pp78-80). After initial processing, it may be perceive to be overly precise terms will lead In short, where an email is irrelevant, necessary to further narrow the universe of to relevant documents being missed. This save for the fact that affixed to it is a documents through TAR – a method aimed issue was addressed in Thema and, in Britain, relevant attachment, the parent should at reducing the universe of documents to a in Goodale. be discovered along with the relevant more manageable size. Section 10.7.2 of the Good Practice attachment. It is not necessary to discover In broad terms, TAR can be described as Discovery Guide provides guidance on the any other irrelevant sibling attachments. a system whereby algorithms are used so as process of developing filtering criteria One consequence of this approach is that to establish the likelihood of the relevance and search terms, which will require a great many documents, relevant only by of a document, based on human interaction collaborative input from legal professionals virtue of their attachment, will be marked in the form of manual review of sample sets and IT specialists. as relevant, thereby necessitating review by by a senior lawyer. Eventually, the system’s When countering with further proposed the receiving party.

TIME AND MONEY ARE OFTEN WASTED WHERE INTERNAL MEETINGS ARE CALLED TO DECIDE THE APPROPRIATE APPROACH TO TAKE. SUCH MEETINGS WILL INCLUDE THE ENTIRE REVIEW TEAM AND A NUMBER OF SOLICITORS, PERHAPS INCLUDING A PARTNER, ALL CHARGING BY THE HOUR Law Society Gazette | gazette.ie DISCOVERY April 2018 53

A solution to this problem is the whose pro forma email includes unique Because each reviewer will take a inclusion of ‘parent for context’ (PFC) images or logos in the signature section. different view in terms of marginal as either a distinct option in the category Even after de-duplication, a long email categorisation, it is prudent to agree a field, as an alternative option in the thread will often generate tens or hundreds general limit to the obligation to code for relevancy ‘yes/no’ field, or both. I first of iterations, all requiring manual review all relevant categories. No great prejudice is encountered this approach within the data in their own right. However, despite the likely to arise if, for instance, categorisation investigation group of a large firm, and relevance of the email thread itself, many is limited to the four most applicable have consistently recommended, requested such iterations could have a large number categories. or applied it ever since. The fact that a of entirely irrelevant attachments. In conclusion, practitioners should seek large firm utilised this approach should be In theory, this specific problem ought to engage and confer on an inter partes of comfort to smaller firms. PFC benefits to be solved at the front end by the service basis at the earliest possible stage. To all parties. At the front end, it means provider. In my experience, however, do so meaningfully, it will be necessary that those conducting the review have a this does not always happen and, in any for smaller practitioners to familiarise more manageable data set, while at the event, is only one example of the overall themselves, in broad terms, with the issues back end, it enables the receiving party to problem. One hundred relevant iterations that arise when dealing with large quantities identify those documents to which primary of an email thread, half of which have 15 of ESI. Doing so will limit the extent of the attention should be paid – all while irrelevant attachments, would generate exposure of all parties to significant cost maintaining compliance with the Good 750 more documents for production. This orders down the line. Practice Discovery Guide. equation could repeat itself multiple times The use of PFC in the manner set out throughout a day of review. above should be regarded as the ‘gold For the party making discovery, the end standard’, and should be incorporated into result is increased efficiency within its LOOK IT UP the next edition of the guide. discovery unit. In contrast, the receiving Smaller parties should, at the outset, party, who is potentially at a disadvantage CASES: request that the party making discovery use in terms of finances, technology and n Goodale & Ors v The Ministry of this approach. If this cannot be agreed, it manpower, receives what is, in effect a Justice & Ors [2009] EWHC 3834 should be addressed in case management. ‘data-dump’. Swamping tactics like this can n Hyles v New York City [10 Civ lead to the obfuscation of highly relevant 3119, 1 August 2016] Don’t take the bait documents, and can also rapidly consume n IBRC v Quinn [2015] 1 IR 603 Despite the guide’s clear statement that the finances of the smaller party, perhaps n Moore v Publicis Groupe & MSL irrelevant documents should not be pricing them out of the litigation. Group [11 Civ 1279 (ALC) (AJP), produced, some firms adopt a policy of Smaller parties should, at the outset, 24 February 2012] discovering the entire family of all relevant ensure that documents are not to be n Rio Tinto PLC v Vale SA [14 Civ documents. discovered merely due to the relevance 3042 (RMB)(AJP), 2 March 2015] This could be misinterpreted as of their sibling. Where a document is n Thema Intl Fund v HSBC Inst some manner of concession, or as being necessary so as to provide context for its Trust Services (Ireland) [2011] advantageous to the receiving party. Most relevant sibling, then that document should IEHC 357 large firms have review teams working on be discovered and coded accordingly. a semi-permanent basis, and this approach LITERATURE: merely enables such a firm to ensure its Miscellaneous issues n Good Practice Discovery review team processes more matters in Oftentimes, documents will respond to Guide (v2.0 – November 2015), less time. By adopting such a policy, once a multitude of categories. The extent published by the Commercial one family member is deemed relevant, to which this occurs will depend on the Litigation Association of Ireland it becomes unnecessary to consider precision of the categories requested. In n Possible Reforms to the Rules of each additional familial document for reviews with multiple categories, this can the Superior Courts to Reduce relevance. Each document will still need be a significant issue. Time and money are the Time and Cost of Discovery, to be considered for privilege, redaction, often wasted where internal meetings are published by the Commercial and other such issues but, in most cases, it called to decide the appropriate approach Litigation Association of Ireland will simply be a case of applying the same to take to such issues. Such a meeting n Karyn Harty, ‘Discovery program’, coding to each document. will include the entire review team and a Law Society Gazette (April 2017, A practical example of the consequences number of solicitors, perhaps including a pp44-47) of such a policy is the email sent by a party partner, all charging by the hour. 54 April 2018 PROCUREMENT Law Society Gazette | gazette.ie

New direction Practitioners acting in public procurement contracts should heed the decision of the Court of Appeal in Word Perfect, argues Aoife Beirne. It may well result in the reversal of previous jurisprudence in the lifting of automatic suspensions

AOIFE BEIRNE IS A BARRISTER AND JOINT COORDINATOR OF THE ADVANCED DIPLOMA IN PUBLIC PROCUREMENT LAW AT THE KING’S INNS

he scheme envisaged by the European public apply the Campus Oil test appropriate for interlocutory procurement regime, as it relates to remedies injunction applications. This meant that the onus rested on the and implemented in this jurisdiction by the disappointed tenderer to show that: Remedies Regulations 2010, is that the bringing • There was a fair issue to be tried, of proceedings challenging the award of a • Damages would not be an adequate remedy, and if not, then procurement contract automatically suspends • The balance of convenience was in favour of granting the the award of that contract by a contracting injunction. authority. The 2010 regulations also provide that damages may also be awarded as compensation for loss resulting from In challenges of this kind, it is usually more likely than not that an infringement of EU law. there will be a fair issue to be tried. Regarding adequacy of In OCS v DAA (2015), the Supreme Court held that the damages, the effect of the previous case law was that damages court had no jurisdiction to lift the automatic suspension. The would readily be available in a public procurement case in the 2010 regulations were amended in 2015 to allow a contracting same way as they would be in a standard action for breach authority to make an application to of contract, and that the normal lift the automatic suspension. So far principles applicable to damages – so simple, but the test to be applied by AT A GLANCE namely causation, foreseeability and the courts in deciding whether to lift n There has been some debate over quantification – would apply. For the automatic suspension has been the the test to be applied by the courts example, in BAM, damages had been subject of some debate. in deciding whether to lift the found to be an adequate remedy, The effect of the 2015 amendments automatic suspension of the award of notwithstanding the fact that the was to require the court to proceed a procurement contract when there is plaintiff had contended that it would on the hypothetical basis that an a legal challenge to that award suffer serious reputational damage. interlocutory injunction had been n Till recently, a number of High Court However, a recent decision of Hogan applied for and, in the event that cases had established that the court J from the Court of Appeal has taken a the court considered that no such must apply the Campus Oil test different approach. injunction would have been granted, appropriate for interlocutory to consider then whether the injunction applications Lost in translation suspension created by the standstill n In Word Perfect, the Court of Appeal In Word Perfect, the plaintiff was provisions should be lifted. A number took a different view regarding which the supplier of specialist translation of decisions in the High Court, such regime governs the question of services to a range of State bodies. as BAM, Powerteam and Beckman, adequacy of damages The plaintiff brought proceedings had established that the court must challenging the award by the Minister Law Society Gazette | gazette.ie PROCUREMENT April 2018 55 PIC: SHUTTERSTOCK

THE CONSEQUENCE OF HOGAN J’S CONCLUSION WAS TO REMOVE THE CASE FROM THE STANDARD APPLICATION FOR AN INJUNCTION, AS FAR AS THE QUESTION OF ADEQUACY OF DAMAGES WAS CONCERNED 56 April 2018 PROCUREMENT Law Society Gazette | gazette.ie

for Public Expenditure of a contract for damage that Word Perfect would suffer if the supply of translation services to the the contract award were to stand, through State’s immigration services and the Legal the loss of specialist interpreters for rare Aid Board to another company, known as languages, and that this loss might even Translation.ie. prove terminal to its business. Noonan The appeal arose out of an application J, accordingly, granted the minister’s to the High Court by the minister, lifting application to lift the automatic suspension, the automatic suspension and allowing the which would have had the effect of contract to be awarded, pending the outcome permitting the minister to conclude the of the challenge. Noonan J granted the order contract with Translation.ie. sought. During the course of the hearing in the Different view High Court, an argument was made that the The Court of Appeal took a different reference to damages in the 2010 regulations view regarding which regime governs the referred, not to damages that might generally question of adequacy of damages. The be available in a breach of contract claim, but decision was preceded, by only a few days, rather Francovich damages. It will be recalled by an ex tempore decision of the High Court that damages that are available for a breach in Homecare in an interlocutory application, of EU law are highly conditional and limited. where it was held that the Campus Oil Such damages are only available when: principles apply to the lifting of an automatic • The rule of EU law infringed must be suspension. intended to confer rights on individuals, automatic suspension would be less likely to It is noteworthy that the disappointed • The breach of that rule must be be successful. tenderer in that case had claimed in its sufficiently serious, and However, Noonan J in the High Court substantive proceedings, which have since • There must be a direct causal link between did not accept that the Campus Oil principles settled, that the specific provision of the the breach and the loss or damage were required to be modified by European Remedies Regulations, insofar as it enjoined sustained by the individuals. jurisprudence or to be inconsistent with that the application of the Campus Oil test, was jurisprudence, and noted that the court in invalid on various constitutional and EU If this argument were to be accepted, the in both BAM and Powerteam had discounted grounds. effect in public procurement cases would similar arguments. Hogan J, for the Court of Appeal in Word be that damages might not be available He was of the view that damages would Perfect, recalled in the first instance that the and, accordingly, not an adequate remedy. be an adequate remedy for Word Perfect, entire field of public procurement is largely This would mean that an application on notwithstanding arguments on behalf of the governed by EU law and that the Remedies behalf of a contracting authority to lift an plaintiff regarding the likely reputational Directive provided for a scheme of standstill

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n Updates: 2018 Revenue eBriefs ranging from Civil n Litigation-potential loses/gains to an estate where Partners/Cohabitants, through Dwelling House Relief proceedings have issued predeath or have not but to changes to Agricultural Relief and recent should have. What is the legal and tax effect when Judgements eg MW v DC – can the Courts ignore the deceased dies without exercising a power of periods of separation in Cohabitant cases and In the appointment/right to revoke or is joint owner of a Stephenson Solicitors Estate of Peter Clohessy – the LRS where litigation is in property in negative equity Hurry there are a few 55 Carysfort Avenue, Blackrock, being and the surviving spouse is a Ward of Court. places left. Co Dublin. Phone: +353 1 2756759 n in trust/“new” assets (Bitcoin), Fax: +353 1 2109845 All sorts of assets: www.stephensonsolicitors.com and CAT/ CGT on both. Law Society Gazette | gazette.ie PROCUREMENT April 2018 57

HOGAN J DECIDED THAT THE REFERENCE TO DAMAGES IN THE 2010 REGULATIONS MUST BE UNDERSTOOD AS BEING A REFERENCE TO FRANCOVICH DAMAGES ONLY, AS THIS IS ALL THAT EU LAW REQUIRED

provision – the setting aside of awards of Supreme Court decision, and that it is contracts and damages. However, the EU necessary to show, not simply that there had LOOK IT UP had not specified what type of damages it been an objective breach of breach of EU had in mind, nor whether the measure of law but, rather, that such breach was either CASES: n BAM PPP PGGM Infrastructure damages was to be determined by national “grave or manifest” or “inexcusable”. Cooperative UA v National Treasury or EU law. Hogan J recognised that the task for a Management Agency and Anor Hogan J observed that a recent case of the court in an interlocutory application, such [2015] IEHC 756 CJEU had determined that member states as the one before it, was to ensure the least n Beckman Coulter Diagnostics Ltd v are required by EU law to provide remedies possible injustice, pending the outcome of Beaumont Hospital [2017] IEHC 537 by reference to the Francovich criteria, but the substantive action. n Campus Oil v Minister for Industry that it was open to member states to provide Hogan J concluded that damages were not and Energy (No 2) [1983] IR 88 a more ‘claimant-friendly’ remedy. The an adequate remedy for Word Perfect and, n Combinatie Spijker Infrabouw-De question then arose as to whether Ireland as an arguable case had been made out, the Jonge Konstruktie (case C-568/08 had provided for this in its implementing remaining question was where the balance [2010] ECR I -12655) legislation. of convenience lay. Hogan J, in weighing up n EnergySolutions v Nuclear While the 2010 regulations did not give the competing factors of the public interest Decommissioning Authority [2017] any guidance in terms of the availability in ensuring the State had available to it UKSC 34 of damages in public procurement cases, the best possible translation service versus n Homecare Medical Supplies v HSE Hogan J regarded it as relevant that they the real risk of reputational, and possibly [2018] IEHC 55 were not transposed by means of legislation terminal, damage to Word Perfect, found n Francovich (joined cases C-6/90 and by the Oireachtas, but rather by way of them to be finely balanced. C-9/90 [1991] ECR I-5357) ministerial order made under section 3 of Whether EU or national law were to be n Ogieriakhi v Minister for Justice and the European Communities Act 1972. applied, the right to an effective remedy was Equality [2017] IESC 52 Hogan J drew upon established fundamental, and Hogan J concluded that n OCS v DAA [2015] IESC6 constitutional principles in deciding that the Word Perfect would enjoy no real remedy if n Powerteam Electrical Services Ltd reference to damages in the 2010 regulations the automatic suspension were lifted, and so v ESB [2016] IEHC 87 must be understood as being a reference to allowed the appeal. It was acknowledged that n Word Perfect Translation Services Francovich damages only, as this is all that the fact that damages had not been found Ltd v The Minister for Public EU law required. He surmised that if the to be an adequate remedy as an important Expenditure and Reform [2018] legislature wanted to provide for an award of and, perhaps, even a decisive factor, in this IEHC 1 and [2018] IECA 35 damages over and above Francovich damages, decision. then this would have had to be effected Practitioners acting for both contracting by legislation and not ministerial order, as authorities and disappointed tenderers would LEGISLATION: n Directive 2007/66 EC with regard article 15.2.1 requires that a change beyond do well to heed the decision of the Court to improving the effectiveness of that necessitated by EU law can only be of Appeal in Word Perfect, as it may well review procedures concerning the effected by legislation. The British Supreme result in the reversal of the prior trend that award of public contracts Court had recently come to a similar had emerged in the Irish courts of lifting n European Communities Act 1972 conclusion. automatic suspensions. n European Communities (Public The consequence of Hogan J’s conclusion Under the Francovich criteria, damages Authorities’ Contracts) (Review was to remove the case from the standard are less likely to be an adequate remedy Procedure) Regulations 2010 application for an injunction as far as the for a tenderer challenging the legality of a n European Communities (Public question of adequacy of damages was procurement process. The decision should Authorities’ Contracts) (Review concerned. He noted that the highly limited be further welcomed as adding to the Procedures) (Amendment) and conditional nature of Francovich damages growing body of Irish jurisprudence in this Regulations 2015 had recently been illustrated by an Irish area. 58 April 2018 BOOKS Law Society Gazette | gazette.ie

EU DATA PROTECTION LAW Denis Kelleher and Karen Murray. Bloomsbury Professional (2018), www.bloomsburyprofessional.com. Price: €175 (incl VAT).

In publishing, as in much of life, timing can NEW EDITION NEW EDITION be everything. That is certainly the case with NEW EDITION this book. Much of its focus is on the General Woods on Road Woods on Road Data Protection Regulation (GDPR). As recent Traffic Offences Oisín Clarke, Matthew Kenny, radio advertisements by the Data Protection OisínTraffic Clarke, MatthewOffences Kenny, Mark O’Sullivan MarkOisín O’SullivanClarke, Matthew Kenny, Commissioner have stressed, this becomes Covers the investigation, CoversMark O’Sullivan the investigation, law on 25 May 2018. That approaching dead- prosecution and the hearing prosecutionCovers the investigation, and the hearing of offence cases and is set out line has to help sales. ofprosecution offence cases and theand hearing is set out in a straightforward and The GDPR introduces strengthened obli- inof aoffence straightforward cases and and is set out helpful manner. helpfulin a straightforward manner. and gations on companies that handle personal Pub date: May 2018 Pubhelpful date: manner. May 2018 Price: €195 data. There are stricter mechanisms for Price:Pub date: €195 May 2018 ISBN: 9781784512057 obtaining consents (which can be withdrawn ISBN:Price: 9781784512057€195 ISBN: 9781784512057 at any time), and a need to have a recording system to show compliance with its provisions. FIRST EDITION FIRST EDITION There are considerably increased fines. Exist- FIRST EDITION Residential ing rights enjoyed by data subjects, such as the Residential Tenancies right to access and rectify data, continue and Laura Farrell, Consultant LauraTenancies Farrell, Consultant are enhanced. Editor: JCW Wylie Editor:Laura Farrell, JCW Wylie Consultant There is an apparent contradiction at the Provides a clear and ProvidesEditor: JCW a clear Wylie and comprehensive statement of heart of EU data protection law. Running in comprehensiveProvides a clear andstatement of the law regulating private and parallel with the “protection of individuals thecomprehensive law regulating statement private and of social leases of dwellings in socialthe law leases regulating of dwellings private in and with regard to the processing of personal data” Ireland and explains the dispute Irelandsocial leases and explains of dwellings the dispute in resolution mechanisms of the is “the free movement of such data”. With the to the GDPR. These include the ‘age of digi- resolutionIreland and mechanisms explains the ofdispute the Residential Tenancies Board, understandable public emphasis on the rights tal consent’ and a proposal that State bodies Residentialresolution mechanisms Tenancies Board, of the appeals, and enforcement. appeals,Residential and Tenancies enforcement. Board, of individuals, it is easy to forget that a cen- be exempt from many sanctions for breach of Pub date: June 2018 Pubappeals, date: and June enforcement. 2018 the regulation. Price: €195 tral purpose of the European Union is the free Price:Pub date: €195 June 2018 ISBN: 9781784517410 movement of goods and services. However, as the title shows, the authors ISBN:Price: 9781784517410€195 ISBN: 9781784517410 As the authors point out, the only EU focus upon EU law, with only passing refer- institution that can achieve the requisite bal- ence to domestic law and courts, including Ire- NEW EDITION NEW EDITION ance between these rights and freedoms is the land. While some practitioners might bemoan NEW EDITION Partnership Law Court of Justice, whose decisions they exten- that, it does not detract from either the impor- By Michael Twomey, ByPartnership Michael Twomey, Law sively reference. tance or timeliness of the work. Editor: Maedhbh Clancy Editor:By Michael Maedhbh Twomey, Clancy There has been controversy over aspects Includes practitioner-focused IncludesEditor: Maedhbh practitioner-focused Clancy chapters on disputes between of the Irish legislation, passing through the Michael Kealey is in-house counsel for Associated chaptersIncludes practitioner-focusedon disputes between partners, litigation by and partners,chapters onlitigation disputes by betweenand Oireachtas at the time of writing, to give effect Newspapers. against partnerships and a againstpartners, partnerships litigation by and and a commentary on each of the commentaryagainst partnerships on each and of the a clauses of a typical partnership clausescommentary of a typical on each partnership of the agreement. agreement.clauses of a typical partnership Pub date: June 2018 Pubagreement. date: June 2018 Price: €245 PubPrice: date: €245 June 2018 ISBN: 9781526504852 ISBN:Price: 9781526504852€245 ISBN: 9781526504852 Order your copies today OrderContact your Jennifer copies Simpson today on Contact Jennifer Simpson on T: +353 (0) 1 6373920, Law Society Library and ContactT: +353 Jennifer (0) 1 6373920, Simpson on E: [email protected] information ServiceS – we deLiver! E: [email protected]: +353 (0) 1 6373920, E: [email protected] Visit us at Visit us at LawWatch – we deliver a free, weekly, emailed newsletter www.bloomsburyprofessional.com/ie www.bloomsburyprofessional.com/ieVisit us at with updates on judgments, legislation and journal articles. www.bloomsburyprofessional.com/ie€5.50 P&P To subscribe, contact: [email protected]. €5.50 P&P €5.50 P&P Contact the library: tel: 01 672 4843/4; email: [email protected]

Library ad Gazette Dec 2015.indd 1 24/11/2015 10:46 Law Society Gazette | gazette.ie BOOKS April 2018 59

TAX HAVENS AND INTERNATIONAL HUMAN RIGHTS

Paul Beckett. Routledge (2017), www.routledge.com. Price: Stg £115 (incl VAT); e-book: Stg £35.99. The author is an Isle of Man advocate and shows that he is well acquainted with the tax- haven structures of different jurisdictions, in particular, those that are under the British wing. The type and level of financial activi- ties that can take place using tax havens has recently come to prominence, with publica- tions in the media of commentaries on the Mossack Fonseca files, also known as the ‘Panama Papers’, and the ‘Paradise Papers’. These revelations give a glimpse of the scale of offshore tax-haven activity. Not all of the business activities conducted in offshore tax havens are illegal, or indeed in anyway reprehensible. It must be accepted that, in many cases, offshore tax havens pro- vide legal structures in which international deals can be accomplished by respectable means, which might not be easily available Say ‘yes’ elsewhere to the parties concerned. That Say ‘yes’ said, quite a significant amount of activity in Say ‘yes’ tax havens may be questionable. made at an international level to address the with In the light of the staggering amounts of problem, such efforts are inadequate and are with money flowing out of Third World coun- being frustrated and ignored. Contractwith tries that could be – but, due to offshore tax In popular imagination, the picture of a Contract haven activities, is not – available to be taxed tax haven is likely to involve an island juris- Contract in those countries, it is assumed, with some diction, tropical or otherwise, to which the Express. justification, that the human rights of the unsavoury can fly with a suitcase full of cash. Express. citizens of those Third World countries are Although such jurisdictions do play their Express. seriously impaired. part, in reality, they are substantially under Thrive amidst the pressure and pace Oxfam estimates that, in the past three the control of developed countries, such as Thrive amidst the pressure and pace Thrivewith amidst document the pressure automation. and pace decades, while net profits posted by the the US, Britain and others. In fact, the main with document automation. Thrivewith amidst document the pressure automation. and pace world’s richest corporations tripled in tax havens in the world could be said to be withGet documenttrusted solutions automation. that real terms – from US$2 trillion in 1980 to certain developed countries, with Switzer- Get trusted solutions that makeGet you trusted faster, solutions more accurate that US$7.2 trillion in 2013 – this increase is not land topping the list. make you faster, more accurate makeGetand you trusted more faster, solutions consistent. more accurate that reflected in a proportional increase in tax Although the author suggests some rem- and more consistent. revenue, which Oxfam attributes partly to tax edies to cure the ills brought about by the makeand you more faster, consistent. more accurate legal-solutions.co.uk/and more consistent. havens. It claims that developing countries use of tax havens – for instance, the adop- legal-solutions.co.uk/ legal-solutions.co.uk/contractexpress lose US$100 billion annually as a result of tion of human rights principles for external contractexpress corporate tax avoidance schemes. Of course, transactions by countries currently facilitat- legal-solutions.co.uk/contractexpress quantification of the actual loss is not pos- ing avoidance and evasion – it is clear that contractexpress sible. the problem is likely to be very difficult to The actors in these transactions are the tax resolve, particularly as most of the main havens and their customers. The author does actors have a vested interest in continuing to not comment to any significant degree on the facilitate it. customers, but gives a fair description of how some tax havens work and a description of Michael O’Connor is a solicitor with Tipp how, even though efforts have and are being McKnight, 41 Fitzwilliam Place, Dublin 2. 60 April 2018 BRIEFING | PRACTICE NOTES Law Society Gazette | gazette.ie

CONVEYANCING COMMITTEE LOCAL GOVERNMENT (CHARGES) ACT 2009: NPPR The Local Government (Charges) 2011 amended section 8 of the in obtaining certificates of dis- in this matter and has decided Act 2009 provided for the intro- 2009 act by the insertion of sec- charge for years prior to 2012. to issue a practice note advis- duction of a charge, known as tion 8A(4), with effect from 1 The Conveyancing Com- ing solicitors that, given the the NPPR charge, on residential January 2012, to provide that, mittee practice note dated 28 requirements of section 8A(4), property in the sum of €200 per on or before the completion of August 2009 (also published a certificate of exemption year, payable to the local author- the sale of a residential prop- in the August/September 2009 need only be provided in ity in which the property was erty, the vendor of that residen- Gazette, p44) recommended respect of each year in which located. tial property shall, in respect of that a solicitor for a purchaser a liability date fell since the The 2009 act provided (among that residential property, give to of a residential property (prior date of the last sale of the other things) for an exemption the purchaser (a) a certificate of to the coming into force of the property. from the charge in respect of discharge or (b) a certificate of 2011 act) should seek a statutory In the event of a sale in the a residential property that was exemption, as may be appropri- declaration from the vendor years 2009 to 2011, it was the occupied by an individual as ate, in respect of each year in confirming that the provisions recommended practice to his/her sole or main residence. which a liability date fell since of the 2009 act did not apply, if obtain a statutory declaration Section 7 of the act provided the date of the last sale of the such was the case, because the from the vendor confirming that any charge or late payment property. property was the sole or princi- that the property was occu- due and unpaid by an owner Problems have arisen in con- pal residence of the vendor. pied by that individual as their of residential property would nection with properties that The committee engaged at sole or main residence and be and remain a charge on the were purchased in the years length with the Department was accordingly exempt from property to which it relates. The 2009, 2010 and 2011 before of the Environment to seek a the charge. Therefore, in the act did not provide that a form the coming into force of the solution to this issue for prac- absence of any reason to ques- of certification was required in 2011 act and that are now being titioners, but was advised that tion the validity of the statutory the event that the property was sold. This is because, prior the local authorities could only declaration, a purchaser should exempt from the charge – that to 1 January 2012, it was not operate within the legislation, be entitled to rely on this statu- is, to say if the property was the possible to obtain a certificate which did not provide for cer- tory declaration and to seek a principal private residence of an of exemption from the local tificates of exemption prior to certificate of exemption only owner on a liability date. authority in respect of the prop- 2012. As a result, the committee in respect of the liability dates Section 19 of the Local Gov- erty concerned for any liability has, at the request of the profes- since the date of the last sale of ernment (Household Charge) Act date. This issue does not arise sion, reviewed the legislation the property.

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Make sure you keep up to date: subscribe on www.lawsociety.ie/enewsletters or email [email protected]. Law Society Gazette | gazette.ie BRIEFING | PRACTICE NOTES April 2018 61

CONVEYANCING COMMITTEE ONLINE AUCTIONS AND DEPOSITS The Conveyancing Committee Some of the matters that the trust for the purchaser until agents or attorneys for both has been made aware by practi- online contracts for these sales a binding contract is in place, the vendor and purchaser in tioners that some of their clients typically include that are of con- and as stakeholder after the the same transaction is in order. have ‘signed’ contracts online cern to the committee are: contract becomes binding, and The PSRA has also been asked for the purchase of property • The purchaser is bound to the booking deposit moneys to advise if there are any ethi- before seeking legal advice and the contract terms and condi- are not released to the vendor cal standards set down by it or that some were threatened with tions when they click to buy, until the sale has closed. any regulatory requirements forfeiture of their deposit mon- whether or not they have • The online auction firm takes that would require a licensee eys when it was discovered that taken legal advice on the title its own fees out of the deposit or its employees not to act for the title was not good and that to the property or on the terms moneys before it pays the both a vendor and a purchaser the contract should not be com- of the contract itself. remainder over to the vendor in relation to any matter to do pleted. • A 10% deposit is payable in and before completion of the with a sale of property, including It should be noted that the order to secure the property in sale. This is not usual practice. the execution of contract docu- body responsible for the regu- the online auction – this is not • The purchaser is required ments on behalf of both parties lation of estate agents and a normal booking deposit – it to nominate a person in the that bind them in contract. The other property professionals is is a full contract deposit and online auction firm to sign committee will advise the pro- the Property Services Regula- is stated in the contract to be the contract on his/her behalf. fession of any replies it gets in tory Authority (PSRA), and it is non-refundable. There is a similar requirement due course. that body that solicitors should • The online auction firm does for the vendor. The committee realises that contact in relation to specific not hold the deposit either as there is little or nothing that complaints they or their clients stakeholder or otherwise – it is The committee has asked the members can do if their cli- might have in relation to any paid over immediately to the PSRA whether it is their view ents have already bought these such cases. vendor. It is not held by the that these practices are in com- properties by ‘clicking to buy’ The committee has always vendor as stakeholder or in pliance with regulations that the online before they are consulted promoted its standard contract trust for the purchaser. There PSRA promotes and enforces. for legal advice. The commit- for sale on the basis that it strikes is no security given to the pur- It has also asked the PSRA to tee would advise that solici- a balance as between the respec- chaser that the deposit moneys confirm if it is satisfied that tors direct their clients to the tive rights and responsibilities are safe or will be returned the practice of online auction PSRA to make complaints in any of a vendor and a purchaser in a in the event that the contract employees acting as appointed appropriate case. conveyancing transaction. How- does not proceed for any rea- ever, it appears that, in many son. This is not usual practice. online auctions, the standard Usual practice is that an estate contract is being altered to the agent takes only a booking IF LIFE GIVES YOU extent that the balance of fair- deposit – not a full 10% con- ness has been shifted heavily tract deposit – and holds the LEMONS, WE’RE HERE against a potential purchaser. booking deposit moneys on TO HELP CONVEYANCING COMMITTEE Consult a Colleague in VENDOR TO FURNISH IF LIFE GIVEStotal YOU confidence LEMONS REDEMPTION FIGURES WE’RE HERE TO HELP Consult a ColleagueCall now in ustotal on confidence It has come to the attention of pletion, the purchaser’s solicitor 01 284 8484 the Conveyancing Committee should be furnished with a copy that some vendors are refusing of the letter obtained by the Call us on 01 284 8484 to furnish redemption figures to vendor’s solicitor from his/her cli- All calls to the Consult A Colleague helpline are treated in the purchasers in advance of comple- ent’s lending institution,IF LIFE setting GIVES YOUstrictest LEMONS confidence - there is no need to give a name or number. tion. Practitioners should note out the figure on receipt of which WE’RE HERE TO HELPA confidential free service from the DSBA. that it is the recommendation of the lending institution will dis- www.consultacolleague.ie the committee that, prior to com- charge the vendor’s mortgage.Consult a Colleague now in total confidence Call us A4on Consult a collegue.indd01 1284 8484 26/08/2015 15:50

All calls to the Consult A Colleague helpline are treated in the 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 62 April 2018 BRIEFING | GUIDANCE NOTE Law Society Gazette | gazette.ie

INTELLECTUAL PROPERTY AND DATA PROTECTION LAW COMMITTEE GDPR AND YOUR FIRM We are all familiar with the EU • The definition of ‘processing’ online learning resources to preparing a law firm for GDPR, General Data Protection Regulation is wide and includes any collec- assist practitioners. and answers many frequently (GDPR), and the need to pre- tion, recording, organisation, It is recommended that prac- asked questions. pare for May 2018. The GDPR structuring, storage, adapta- titioners find out more about The above seminars are avail- will introduce new obligations tion, alteration, retrieval, con- the GDPR, why it matters to able on the Law Society Profes- and financial penalties arising sultation, use, disclosure, eras- law firms, and what to do to sional Training page at www. from data breaches. The regula- ure or destruction of data, prepare for May and beyond, lawsociety.ie. tion comes into force on 25 May, • Law firms have a large deposi- by watching and listening to the In addition to these training while the Data Protection Bill was tory of client personal data as online seminar ‘GDPR: an intro- resources, the committee is in published in early 2018. well as employee data, duction – a practical guide for the process of preparing written The GDPR introduces spe- • Data security should be the practitioners’. The seminar is in guidance and precedents to assist cific provisions on security of concern and responsibility of four modules and covers the fol- practitioners. As these resources data, data breaches, require- all in the firm, from the senior lowing topics: become ready, they will be made ments to notify breaches to the partner downwards. Everyone • An overview of the changes, available on the data protection Data Protection Commissioner, in the firm should have an • The SME toolkit, page at www.lawsociety.ie. and penalties for breaches. understanding of the GDPR, • Right of access, and should understand their • Breaches and data litigation. Other GDPR resources Why is the GDPR important? responsibilities. Practitioners may find the fol- • Law firms are data controllers The seminar is available free lowing resources useful: and, as such, have to comply Getting GDPR ready from March 2018 to the end of •‘Brave new world’ (John Cahir, with the GDPR provisions If you have not already done the year. Law Society Gazette, Jan/Feb whenever the firm processes so, you should start now. The The second online resource, 2018, p46), personal data, Intellectual Property and Data ‘GDPR: how to get your firm • EU Data Protection Regulation • ‘Personal data’ is data that Protection Law Committee, GDPR ready – a practical guide (Regulation 2016/679), relates to identified or identifi- together with Law Society Fin- for practitioners’, gives a more • www.GDPRandYOU.ie, able livingDIPLOMA individuals, uas CENTRESkillnet, has prepared two detailed and practical look at • www.dataprotection.ie. DIPLOMA CENTRE DIPLOMAPostgraduate courses CENTREwith professional focus and practical insight DIPLOMAPostgraduate courses CENTREwith professional focus and practical insight DIPLOMAPostgraduate courses CENTREwith professional focus and practical insight Postgraduate courses with professional focus and practical insight PostgraduateLate applications now beingcourses accepted with on selected professional courses. focus and practical insight PostgraduateLateAll lectures applications are webcast, now beingcourses allowing accepted participants with on selected professional to catch courses. up on course focus work at anda time suitablepractical to their insightown needs. LateAll lectures applications are webcast, now being allowing accepted participants on selected to catch courses. up on course work at a time suitable to their own needs. Late applications now being accepted on selected courses. 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FEE SPRING 2018 COURSESPRING NAME 2018 DATE FEE SPRINGDiploma in 2018 Commercial Property Law Wednesday 7 March €2,500 DiplomaSPRINGCOURSE NAMEin 2018 Commercial Property Law DATEWednesday 7 March €2,500FEE Certificate in Data Protection Practice Thursday 8 March €1,550 DiplomaSPRING in 2018 Commercial Property Law Wednesday 7 March €2,500 CertificateDiploma in Commercialin Data Protection Property Practice Law ThursdayWednesday 8 March7 March €1,5502,500 DiplomaSPRING in 2018 Commercial Property Law Wednesday 7 March €2,500 CertificateDiploma in Commercialin PensionsData Protection Propertyand Applied Practice Law Trusteeship ThursdayWednesdayTuesday 13 8 March7 March €€1,5501,5502,500 Certificate in Data Protection Practice Thursday 8 March €1,550 CertificateDiploma in Commercialin PensionsData Protection Propertyand Applied Practice Law Trusteeship ThursdayWednesdayTuesday 13 8 March7 March €€1,5501,5502,500 Certificate in PensionsDataCharity Protection Law and Trusteeship Applied Practice Trusteeship and Governance TuesdayThursdayFriday 23 13 March8 March €1,550€1,550 DiplomaCertificate in Commercialin Pensions Propertyand Applied Law Trusteeship WednesdayTuesday 13 March7 March €€1,5502,500 Certificate in PensionsDataCharity Protection Law and Trusteeship Applied Practice Trusteeship and Governance TuesdayThursdayFriday 23 13 March8 March €1,550€1,550 CertificateSports Law MOOCin PensionsCharity (5 weekLaw and Trusteeshiponline Applied course) Trusteeship and Governance TuesdayFriday 23 138 March May March €1,550€Free1,550 Certificate in DataCharity Protection Law Trusteeship Practice and Governance ThursdayFriday 23 March8 March €1,550 CertificateSports Law MOOCin PensionsCharity (5 weekLaw and Trusteeshiponline Applied course) Trusteeship and Governance TuesdayFriday 23 138 March May March €1,550€Free1,550 SportsCertificate Law MOOCin CharityDecision-Making (5 weekLaw Trusteeshiponline Capacity course) and & GovernanceSupport TuesdayFridaySaturday 23 8 12March May May Free€1,550 CertificateSports Law MOOCin Pensions (5 week and online Applied course) Trusteeship Tuesday 138 May March €1,550Free SportsCertificate Law MOOCin CharityDecision-Making (5 weekLaw Trusteeshiponline Capacity course) and & GovernanceSupport TuesdayFridaySaturday 23 8 12March May May Free€1,550 SportsCertificate Law MOOCinCompany Decision-Making (5 weekSecretarial online Capacity Lawcourse) and &Practice Support TuesdaySaturday 82 12 OctoberMay May Free€€1,5501,550 Certificate in CharityDecision-Making Law Trusteeship Capacity and & GovernanceSupport FridaySaturday 23 12March May €1,550 SportsCertificate Law MOOCinCompany Decision-Making (5 weekSecretarial online Capacity Lawcourse) and &Practice Support TuesdaySaturday 82 12 OctoberMay May Free€€1,5501,550 CertificateDiploma in SportsinCompany Decision-Making Law Secretarial CapacityLaw and &Practice Support TuesdaySaturdayWednesday 2 12 October 24May October €1,550€€2,5001,550 SportsCertificate Law MOOCCompany (5 weekSecretarial online Lawcourse) and Practice Tuesday 82 OctoberMay Free€1,550 CertificateDiploma in SportsinCompany Decision-Making Law Secretarial CapacityLaw and &Practice Support TuesdaySaturdayWednesday 2 12 October 24May October €1,550€€2,5001,550 CertificateDiploma in SportsEducationCompany Law LawSecretarial Law and Practice TuesdayWednesdayFriday 2 November2 October 24 October €1,550€2,500 CertificateDiploma in Sportsin Decision-Making Law Capacity & Support SaturdayWednesday 12 24May October €€2,5001,550 CertificateDiploma in SportsEducationCompany Law LawSecretarial Law and Practice TuesdayWednesdayFriday 2 November2 October 24 October €1,550€2,500 CertificateDiploma in SportsEducationCompany Law LawSecretarial Law and Practice TuesdayWednesdayFriday 2 November2 October 24 October €1,550€2,500 CONTACTDiploma in DETAILS SportsEducation Law Law e: [email protected] t: 01 672 4802 WednesdayFridayw: www.lawsociety.ie/diplomacentre 2 November 24 October €2,500 CONTACTDiploma in DETAILS Education Law e: [email protected] t: 01 672 4802 w: www.lawsociety.ie/diplomacentreFriday 2 November €2,500 Diploma in SportsEducation Law Law WednesdayFriday 2 November 24 October €2,500 CONTACTDiploma in DETAILS Education Law e: [email protected] t: 01 672 4802 Fridayw: www.lawsociety.ie/diplomacentre 2 November €2,500 CONTACT DETAILS e: [email protected] t: 01 672 4802 w: www.lawsociety.ie/diplomacentre PleaseCONTACTDiploma note that in DETAILS the Education Law Society ofLaw Ireland’s Diplomae: [email protected] Centre reserves the right to change the coursest: 01 that 672 may 4802 be offeredFridayw: and www.lawsociety.ie/diplomacentre 2course November prices may be subject to change. Some of these€2,500 courses PleasemayCONTACT be note iPad that courses DETAILS the Law in which Society case of thereIreland’s will Diploma bee :a higher [email protected] Centre fee payablereserves to the include right tothe change device. the Contact coursest: 01the that 672 Diploma may 4802 be offeredCentrew or: andcheck www.lawsociety.ie/diplomacentre course our priceswebsite may for beup-to-date subject to fees change. and dates.Some of these courses CONTACT DETAILS Pleasemay be note iPad that courses the Law in which Society case of thereIreland’s will Diploma bee :a higher [email protected] Centre fee payablereserves to the include right tothe change device. the Contact coursest: 01the that 672 Diploma may 4802 be offeredCentrew or: andcheck www.lawsociety.ie/diplomacentre course our priceswebsite may for beup-to-date subject to fees change. and dates.Some of these courses Please note that the Law Society of Ireland’s Diploma Centre reserves the right to change the courses that may be offered and course prices may be subject to change. Some of these courses PleasemayCONTACT be note iPad that courses DETAILS the Law in which Society case of thereIreland’s will Diploma bee :a higher [email protected] Centre fee payablereserves to the include right tothe change device. the Contact coursest: 01the that 672 Diploma may 4802 be offeredCentrew or: andcheck www.lawsociety.ie/diplomacentre course our priceswebsite may for beup-to-date subject to fees change. and dates.Some of these courses Pleasemay be note iPad that courses the Law in which Society case of thereIreland’s will Diploma be a higher Centre fee payablereserves to the include right tothe change device. the Contact courses the that Diploma may be offeredCentre or andcheck course our priceswebsite may for beup-to-date subject to fees change. and dates.Some of these courses may be iPad courses in which case there will be a higher fee payable to include the device. Contact the Diploma Centre or check our website for up-to-date fees and dates. Diploma GazettemayPlease be note iPad ad thatApril courses the 2018.indd Law in which Society case 1 of thereIreland’s will Diploma be a higher Centre fee payablereserves to the include right tothe change device. the Contact courses the that Diploma may be offeredCentre or andcheck course our priceswebsite may for beup-to-date subject to fees change. and dates.Some of these courses08/03/2018 11:30 Diploma GazettePleasemay be note iPad ad thatApril courses the 2018.indd Law in which Society case 1 of thereIreland’s will Diploma be a higher Centre fee payablereserves to the include right tothe change device. the Contact courses the that Diploma may be offeredCentre or andcheck course our priceswebsite may for beup-to-date subject to fees change. and dates.Some of these courses08/03/2018 11:30 Diploma Gazettemay be iPad ad April courses 2018.indd in which case 1 there will be a higher fee payable to include the device. Contact the Diploma Centre or check our website for up-to-date fees and dates. 08/03/2018 11:30 Diploma Gazette ad April 2018.indd 1 08/03/2018 11:30 Diploma Gazette ad April 2018.indd 1 08/03/2018 11:30 Diploma Gazette ad April 2018.indd 1 08/03/2018 11:30 Diploma Gazette ad April 2018.indd 1 08/03/2018 11:30 Diploma Gazette ad April 2018.indd 1 08/03/2018 11:30 Law Society Gazette | gazette.ie BRIEFING | SBA ACCOUNTS April 2018 63

SOLICITORS’ BENEVOLENT ASSOCIATION 154TH REPORT, 1 DECEMBER 2016 TO 30 NOVEMBER 2017 This is the 154th report of the of Ireland, Sheriffs’ Association, RECEIPTS AND PAYMENTS A/C FOR YEAR ENDED 30/11/2017 Solicitors’ Benevolent Association, Southern Law Association, Tip- which was established in 1863. 2017 2016 perary Solicitors’ Bar Association, It is a voluntary charitable body, RECEIPTS € € Waterford Law Society, and West Subscriptions 441,841 consisting of all members of the 429,962 Cork Bar Association. Donations 183,328 106,252 profession in Ireland. It assists I note, with deep regret, the Legacies 2,000 15,000 members or former members of death last February of our col- Investment income 65,684 62,506 the solicitors’ profession in Ireland Bank interest 6 180 league Brendan Walsh, who was and their wives, husbands, widows, Currency gain – 5,007 a director of the association for widowers, family, and immediate Repayment of grants 1,200 45,137 many years and during that time dependants who are in need, and 682,180 675,923 gave up his time and energy in is active in giving assistance on a PAYMENTS furthering the aims of the asso- confidential basis throughout the Grants 716,928 656,774 ciation. His kindness and courtesy 32 counties. Bank interest and fees 1,212 1,139 will be long remembered by those The amount paid out during the Administration expenses 59,770 49,153 with whom he came in contact, Currency loss 2,827 – year in grants was €716,928, which both as a colleague, classmate, 780,737 707,066 was collected from members’ sub- friend, and an able representative OPERATING DEFICIT FOR THE YEAR (98,557) (31,143) scriptions, donations, legacies and of the association. Profit on disposal of investments 152,468 47,791 investment income. Currently, Provision for decrease in the value of The demands on our associa- there are 84 beneficiaries in receipt quoted investments (18,277) (12,142) tion are rising due to the present of regular grants, and approxi- SURPLUS FOR THE YEAR 35,634 4,506 economic difficulties, and to mately half of these are themselves cover the greater demands on the supporting spouses and children. association, further fund-raising There are 20 directors, three of DIRECTORS AND OTHER INFORMATION events are necessary. Additional whom reside in Northern Ireland, n Directors: Thomas A Menton (chair- n Secretary: Geraldine Pearse subscriptions are more than wel- and they meet monthly in Blackhall man), Caroline Boston (Belfast), Liam n Auditors: Deloitte, Chartered Ac- come, as, of course, are legacies, Place. They meet at the Law Soci- Coghlan (Killarney), Thomas W Enright countants and Statutory Audit Firm, and the proceeds of any fund- ety of Northern Ireland in Belfast (Birr), Felicity M Foley (Cork), William B Deloitte & Touche House, Earlsfort Ter- raising events. In certain cases, every other year. The work of the Glynn (Galway), John Gordon (Belfast), race, Dublin 2 the association can claim tax relief directors, who provide their ser- Colin Haddick (Newtownards), Niall n Financial consultants: Tilman for donations of €250 or more. vices entirely on a voluntary basis, Lavery (Dundalk), Seamus Mallon (Cas- Brewin Dolphin Limited, 3 Richview Subscriptions and donations will consists in the main of reviewing tleblayney), Paul Malone (Borrisokane), Office Park, Clonskeagh, Dublin 14 be received by any of the directors applications for grants and approv- Anne Murran (Waterford), John M n Bankers: Allied Irish Banks plc, 37 or by the secretary, from whom all ing of new applications. The direc- O’Connor (Dublin), John TD O’Dwyer Upper O’Connell Street, Dublin 1; First information may be obtained at tors also make themselves available (Ballyhaunis), Colm Price (Dublin), Mark Trust Bank, 92 Ann Street, Belfast BT1 73 Park Avenue, Dublin 4. Infor- to those who may need personal or Quinn (Gorey), James I Sexton (Limer- 3HH mation can also be obtained from professional advice. ick), John Sexton (Dublin), Andrew F n Offices: Law Society of Ireland, the association’s website at www. The directors are grateful to Smyth (Dublin), Brendan J Twomey Blackhall Place, Dublin 7; Law Soci- solicitorsbenevolentassociation. both law societies for their sup- (Donegal) ety of Northern Ireland, Law Society com. I would urge all members port and, in particular, wish to n Trustees (ex officio directors): John House, 96 Victoria Street, Belfast BT1 of the association, when making express thanks to Stuart Gilhooly Gordon, John M O’Connor, Andrew F 3GN their own wills, to leave a legacy (past-president of the Law Society Smyth n Charity number: CHY892 to the association. You will find of Ireland), Ian Huddleston (past- the appropriate wording of a president of the Law Society of to Stuart Gilhooly, the members of following: Law Society of Ireland, bequest at p34 of the Law Direc- Northern Ireland), Ken Murphy the Council, and to the organisers Law Society of Northern Ireland, tory 2017. (director general), Alan Hunter of the Spring Gala. County Louth Solicitors’ Bar I would like to thank all the (chief executive), and the personnel I wish to express particular Association, Dublin Solicitors’ directors and the association’s sec- of both societies. The Law Society appreciation to all those who con- Bar Association, Courts Service, retary, Geraldine Pearse, for their organised the Spring Gala dur- tributed to the association when Faculty of Notaries Public in Ire- valued hard work, dedication and ing the year, and our association applying for their practising cer- land, Limavady Solicitors’ Associ- assistance during the year. received the sum of €22,621 from tificates, to those who made indi- ation, Mayo Solicitors’ Bar Asso- the proceeds. A very sincere thanks vidual contributions, and to the ciation, Medico-Legal Society Thomas A Menton, chairman LAW SOCIETY PROFESSIONAL TRAINING

Centre of Excellence for Professional Education and Training

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

DATE EVENT DISCOUNTED FULL FEE CPD HOURS FEE*

12/13 English and Welsh Property Law and Practice €411 €588 9 General (by Group Study) April

13 April TRACHILD – Training of Lawyers representing Children in Complimentary TBC Criminal, Administrative and Civil Justice 20/21 Masterclass in Planning & Environmental Law and €350 €425 8 General, 2 M & PD Skills (by Group April Practice for the Conveyancer Study) 10 & 11 Essential Solicitor Update Parts I & II – in partnership €80 (Part I) €115 (Part II) 4 (by Group Study) Part I May with Leitrim, Longford, Roscommon and Sligo Bar Associations €170 (Parts I & II) 6 (by Group Study) Part II Landmark Hotel, Carrick-on-Shannon, Co Leitrim Hot lunch and networking drinks included in price 11 & 12 SUPRALAT - Training for Defence Solicitors – Advising €350 €425 Full participation in this Masterclass May & 23 Clients in Garda Custody – Fota Island Resort, Fota Island, Cork will cover all of your general CPD June Application deadline 9 April 2018 requirements for 2018 (by Group Study & eLearning) 15 May Annual Human Rights Lecture Complimentary 1.5 General (by Group Study)

17 May Professional Wellbeing for a successful practice – €150 €176 5 M & PD Skills (by Group Study) Connacht Hotel, Galway 18 May Midlands General Practice Update – in partnership with €115 6 (by Group Study) Laois Solicitors’ Association and Carlow, Midlands and Kildare Bar Hot lunch and networking drinks Associations Midlands Park Hotel, Town Centre, Portlaoise, Co included in price Laois 18/19 Probate & Tax Masterclass €750 €850 10 General (by Group Study) per May & Attend Module 1, Module 2or both modules €375 €425 module 15/16 (per module) (per module) June 22 May EU Regulation of Cryptocurrency: AML v Bitcoin – in €115 2 Regulatory Matters (incl Accounting collaboration with the EU and International Affairs Committee & AML) by Group Study 24 May The In-house Solicitor – Dealing with Change and €55 2.5 M & PD Skills (by Group Study) Upheaval – in collaboration with the Inhouse and Public Sector Committee 7 June The Assisted Decision Making (Capacity) Act, 2015 – the €150 €176 3 General (by Group Study) Implications for Practice 14 & 15 North West General Practice Update Parts I & II – in €80 (Part I) €115 (Part II) Part I – 4 (by Group Study) June partnership with Donegal and Inishowen Bar Associations Solis €170 (Parts I & II) Part II – 6 (by Group Study) Lough Eske Castle Hotel, Donegal Hot lunch and networking drinks included in price 22 June Essential Solicitor Update 2018 – in partnership with Clare €115 6 (by Group Study) and Limerick Bar Associations – Treacy’s West County Hotel, Co Hot lunch and networking drinks Clare included in price 22/23 Personal Injuries Litigation Masterclass 2018 €350 €425 10 hours including 1 Regulatory Mat- June ters (by Group Study)

For a complete listing of upcoming events including online courses, visit www.lawsociety.ie/CPD or contact a member of the Law Society Professional Training team on : p: 01 881 5727 e: [email protected] f: 01 672 4890 *Applicable to Law Society Skillnet members

LSPT Gazette ad April 2018.indd 1 09/03/2018 12:16 Law Society Gazette | gazette.ie BRIEFING | REGULATION April 2018 65 LAW SOCIETY PROFESSIONAL TRAINING SOLICITORS Centre of Excellence for DISCIPLINARY TRIBUNAL NOTICE: THE HIGH COURT Professional Education and Training In the matter of John Mark McFeely, a solicitor previously prac- REPORTS OF THE OUTCOMES OF SOLICITORS DISCIPLINARY tising as Hegarty & McFeely Solicitors, 10 Queen Street, Derry TRIBUNAL INQUIRIES ARE PUBLISHED BY THE LAW SOCIETY BT48 7EX, Northern Ireland, and at 27 Clarendon Street, Derry OF IRELAND AS PROVIDED FOR IN SECTION 23 (AS AMENDED BY BT48 7EX, Northern Ireland, and in the matter of the Solicitors To view our full programme visit www.lawsociety.ie/CPD SECTION 17 OF THE SOLICITORS (AMENDMENT) ACT 2002) OF Acts 1954-2015 [2017 no 91 SA] THE SOLICITORS (AMENDMENT) ACT 1994 Take notice that, by order of the President of the High Court made on 5 February 2018, it was ordered that the name of John DATE EVENT DISCOUNTED FULL FEE CPD HOURS In the matter of John Court record 2017 91 SA] Mark McFeely be struck from the Roll of Solicitors. FEE* O’Dwyer, a solicitor, of Law Society of Ireland John Elliot, Registrar of Solicitors, Law Society of Ireland, 12/13 English and Welsh Property Law and Practice €411 €588 9 General (by Group Study) O’Dwyer Solicitors, Bridge (applicant) 19 February 2018 April Street, Ballyhaunis, Co Mayo, John Mark McFeely 13 April TRACHILD – Training of Lawyers representing Children in Complimentary TBC and in the matter of the Solici- (respondent solicitor) Criminal, Administrative and Civil Justice tors Acts 1954-2015 [2338/ of the Complaints and Client undertaking dated 20 Sep- 20/21 Masterclass in Planning & Environmental Law and €350 €425 8 General, 2 M & PD Skills (by Group DT25/16] 2017/DT25 Relations Committee on 29 tember 2007 furnished to Per- April Practice for the Conveyancer Study) Named client (applicant) On 20 September 2017, the November 2016, despite being manent TSB in respect of his 10 & 11 Essential Solicitor Update Parts I & II – in partnership €80 (Part I) €115 (Part II) 4 (by Group Study) Part I John O’Dwyer (respondent Solicitors Disciplinary Tribunal required to do so by letter named client and property at May with Leitrim, Longford, Roscommon and Sligo Bar Associations €170 (Parts I & II) 6 (by Group Study) Part II solicitor) found the respondent solicitor dated 22 November 2016. Newtowncunningham, Done- Landmark Hotel, Carrick-on-Shannon, Co Leitrim Hot lunch and networking drinks On 8 December 2017, the Solici- guilty of professional misconduct gal, in a timely manner or at included in price tors Disciplinary Tribunal found in that he: 2017/DT49 all, 11 & 12 SUPRALAT - Training for Defence Solicitors – Advising €350 €425 Full participation in this Masterclass the respondent solicitor guilty of 1) Failed to ensure that there On 20 September 2017, the 2) Failed to respond to the Soci- May & 23 Clients in Garda Custody – Fota Island Resort, Fota Island, Cork will cover all of your general CPD misconduct in respect of the fol- was furnished to the Society a Solicitors Disciplinary Tribunal ety’s correspondence of 7 June Application deadline 9 April 2018 requirements for 2018 (by Group Study & eLearning) lowing complaint, as set out in closing accountant’s report, as found the respondent solicitor October 2016 and 2 Novem- the applicant’s affidavit: “In his required by regulation 26(2) of guilty of professional misconduct ber 2016 within the time pro- 15 May Annual Human Rights Lecture Complimentary 1.5 General (by Group Study) letter dated 4 November 2010, the Solicitors Accounts Regula- in that he: vided, in a timely manner, or at the respondent solicitor did not tions 2001 (SI 421 of 2001) in a 1) Failed to comply with an all, 17 May Professional Wellbeing for a successful practice – €150 €176 5 M & PD Skills (by Group Study) Connacht Hotel, Galway help the applicant, but seriously timely manner or at all, having undertaking furnished to 3) Failed to attend the meeting misled the applicant and told the ceased practice on 31 Decem- named complainants on 30 of the Complaints and Client 18 May Midlands General Practice Update – in partnership with €115 6 (by Group Study) applicant to pay up.” ber 2012, December 2004 in respect of Relations Committee on 29 Laois Solicitors’ Association and Carlow, Midlands and Kildare Bar Hot lunch and networking drinks Associations Midlands Park Hotel, Town Centre, Portlaoise, Co included in price The tribunal ordered that the 2) Failed to respond to the Soci- his named clients and property November 2016, despite being Laois respondent solicitor: ety’s queries in relation to the at Castlefinn, Co Donegal, in a required to do so by letter 18/19 Probate & Tax Masterclass €750 €850 10 General (by Group Study) per 1) Stand advised and admon- balance of client funds held by timely manner or at all, dated 22 November 2016. May & Attend Module 1, Module 2or both modules €375 €425 module ished, him since he ceased practising. 2) Failed to comply with the 15/16 (per module) (per module) 2) Pay a sum of €7,500 in part res- direction made by the Com- The tribunal sent all four mat- June titution to the applicant, with- 2017/DT48 plaints and Client Relations ters forward to the High Court 22 May EU Regulation of Cryptocurrency: AML v Bitcoin – in €115 2 Regulatory Matters (incl Accounting out prejudice to any of the legal On 20 September 2017, the Committee at its meeting on and, on 5 February 2018, in collaboration with the EU and International Affairs Committee & AML) by Group Study rights of the applicant, Solicitors Disciplinary Tribunal 19 July 2016 that he furnish a High Court proceedings 2017 no 24 May The In-house Solicitor – Dealing with Change and €55 2.5 M & PD Skills (by Group Study) 3) Pay a sum of €500 to the appli- found the respondent solicitor full report to the Society by 29 91 SA, the High Court made an Upheaval – in collaboration with the Inhouse and Public Sector cant in respect of his attend- guilty of professional misconduct July 2016, which decision was order that: Committee ance at the hearings herein. in that he: communicated to him by letter 1) The respondent solicitor’s 7 June The Assisted Decision Making (Capacity) Act, 2015 – the €150 €176 3 General (by Group Study) 1) Failed to comply with an dated 20 July 2016, name be struck off the Roll of Implications for Practice In the matter of John Mark undertaking dated 19 June 3) Failed to respond to letters Solicitors, 14 & 15 North West General Practice Update Parts I & II – in €80 (Part I) €115 (Part II) Part I – 4 (by Group Study) McFeely, a solicitor previ- 2007 furnished to Permanent from the Society dated 12 Jan- 2) The respondent solicitor pay a June partnership with Donegal and Inishowen Bar Associations Solis €170 (Parts I & II) Part II – 6 (by Group Study) Lough Eske Castle Hotel, Donegal Hot lunch and networking drinks ously practising as Hegarty TSB on behalf of his named uary and 29 January 2016 in a cumulative sum of €5,500 as a included in price & McFeely Solicitors at 10 clients and property at New- timely manner or at all. contribution towards the costs 22 June Essential Solicitor Update 2018 – in partnership with Clare €115 6 (by Group Study) Queen Street, Derry BT48 towncunningham, Co Done- of the disciplinary proceedings and Limerick Bar Associations – Treacy’s West County Hotel, Co Hot lunch and networking drinks 7EX, Northern Ireland, and gal, in a timely manner or at 2017/DT50 within six months of the order, Clare included in price at 27 Clarendon Street, Derry all, On 20 September 2017, the 3) The respondent solicitor pay 22/23 Personal Injuries Litigation Masterclass 2018 €350 €425 10 hours including 1 Regulatory Mat- BT48 7EX, Northern Ireland, 2) Failed to respond to the Soci- Solicitors Disciplinary Tribunal the whole of the costs of the June ters (by Group Study) and in the matter of the Solici- ety’s letter of 7 October 2016 found the respondent solicitor applicant, such costs to be tors Acts 1954-2015 [2017/ in a timely manner, within the guilty of professional misconduct taxed by a taxing master of DT25; 2017/DT48; 2017/ time prescribed, or at all, in that he: the High Court in default of For a complete listing of upcoming events including online courses, visit www.lawsociety.ie/CPD or contact a member of the Law Society Professional DT49; 2017/DT50; and High 3) Failed to attend the meeting 1) Failed to comply with an agreement. Training team on : p: 01 881 5727 e: [email protected] f: 01 672 4890 *Applicable to Law Society Skillnet members

LSPT Gazette ad April 2018.indd 1 09/03/2018 12:16 66 April 2018 BRIEFING | EURLEGAL Law Society Gazette | gazette.ie

TRADEMARK FOUND TO BE ‘CONTRARY TO PUBLIC POLICY’

A Spanish pizza chain was prevented from registering its name as a trademark on the grounds that it was offensive and against ‘European values’. Jeanne Kelly serves it cold

JEANNE KELLY IS A PARTNER AT LK SHIELDS, SPECIALISING IN IT AND IP LAW

t is a feature of most trade- average sensitivity and tolerance mark systems that certain thresholds. marks can be refused registra- The court listed the numer- Ition on public-policy grounds. In ous crimes of the mafia, such as this case, pizza chain La Mafia racketeering, money laundering had applied in 2006 for an EU- and drugs trafficking, achieved wide trademark with the Euro- through the techniques of mur- pean Union Intellectual Prop- der, intimidation and physi- THOSE CRIMINAL erty Office (EUIPO). The chain cal violence. It said: “Those ACTIVITIES had no operations in Italy. The criminal activities breach the trademark featured a Godfather- very values on which the EU is BREACH THE themed white-on-black font to the General Court – La Ma- founded, in particular the values design and a red rose, above the fia Franchises SL v EUIPO (Case of respect for human dignity and VERY VALUES words (in Spanish) ‘Take a seat at T-1/17, 15 March 2018) – which freedom, which are indivisible ON WHICH THE the table’. was ultimately unsuccessful. and make up the spiritual and The overall look and feel of In particular, the General moral heritage of the EU.” EU IS FOUNDED, the mark was similar to Mario Court rejected the company’s It added, that “the mafia’s Puzo’s famed book, and the pub- arguments that its theme res- criminal activities are a serious IN PARTICULAR licity material for the Francis taurants were a reference to threat to security throughout THE VALUES OF Ford Coppola films that were in- the Godfather films rather than the EU” and that “the word spired by it, although no element to the actual Cosa Nostra. The element ‘La Mafia’ manifestly RESPECT FOR of the contested mark referred court outlined the applicable test brings to mind, for the public, explicitly to the book or the for assessing the absolute ground the name of a criminal organ- HUMAN DIGNITY films. The mark was registered of refusal on the ground of pub- isation responsible for particu- AND FREEDOM, in 2007. lic policy/morality. It is well set- larly serious breaches of public The EUIPO later revoked the tled, and repeated by the court, policy”. WHICH ARE trademark after the Italian gov- that the test for offensiveness is a Crucially, it found that the ernment argued it cheapened median, not an extreme. word element ‘La Mafia’ had INDIVISIBLE AND the seriousness of the Mafia and The assessment of the exis- deeply negative connotations in MAKE UP THE glamorised the criminal organ- tence of a ground for refusal un- Italy, due to the serious harm isation. Italy said that granting der article 7(1)(f) of Regulation done by that criminal organisa- SPIRITUAL AND the trademark was “contrary to 207/2009 cannot, it found, be tion to the security of that mem- public policy and to accepted based on the perception of the ber state. MORAL HERITAGE principles of morality”. part of the relevant public that Finally, it found that the tag- OF THE EU Both the EUIPO Cancellation does not find anything shocking, line ‘Se sienta a la mesa’ (‘Take a Division and its board of appeal nor can it be based on the per- seat at the table’) trivialised ma- agreed with the Italian govern- ception of the part of the public fia activities. News from the EU and ment’s position and invalidated that may be very easily offended, The La Mafia chain argued International Affairs Committee. the mark. This resulted in an but must be based on the stan- that several marks that included Edited by TP Kennedy, Director of Education, Law Society of Ireland appeal by the catering company dard of a reasonable person with the word ‘mafia’ had been regis- Law Society Gazette | gazette.ie BRIEFING | EURLEGAL April 2018 67 PIC: REX FEATURES

An offer they could easily refuse...

tered in the past in Italy. It failed ing jurisprudence, referred to a and has average sensitivity and to convince the court on this criminal organisation (and not tolerance thresholds”. ground, too. The EU trademark the films, contrary to the Span- Accordingly, the court found ITALY SAID regime was, it said, an autono- ish company’s assertions). It con- that the board of appeal, there- GIVING THE mous system, made up of a set veyed a globally positive image of fore, did not err when it found of rules and pursuing objectives that organisation and, therefore, that the contested mark was TRADEMARK specific to it – its application trivialised the serious harm done contrary to public policy, within being independent of any na- by that organisation to the fun- the meaning of article 7(1)(f) of WAS ‘CONTRARY tional system. Accordingly, the damental values of the EU. the (then in force) Regulation TO PUBLIC registrability of a sign as an EU The contested mark was, 207/2009, and therefore con- trademark was to be assessed on therefore, likely, in the court’s firmed that that mark was to be POLICY AND the basis of the relevant legisla- view, “to shock or offend, not declared invalid, in accordance tion alone. only the victims of that criminal with article 52(1)(a) of that regu- TO ACCEPTED The court found that the organisation and their families, lation. PRINCIPLES OF contested mark, considered as but also any person who, on EU Costs were awarded against a whole and in line with exist- territory, encounters that mark the La Mafia group. MORALITY’ 68 April 2018 Law Society Gazette | gazette.ie NOTICES PROFESSIONAL NOTICES

Keane, Gerard (deceased), RATES FROM JANUARY 2018 late of 54 Heytsbury Lane, NEW RATES Ballsbridge, Dublin 4. Would any person having knowledge PROFESSIONAL NOTICE RATES of any will made by the above- RATES IN THE PROFESSIONAL NOTICES SECTION ARE AS FOLLOWS: named deceased, who died on 20 January 2018, please contact • Wills – €150 (incl VAT at 23%) Fitzsimons Redmond Solicitors, • Title deeds – €300 per deed (incl VAT at 23%) 6 Clanwilliam Terrace, Grand • Employment/miscellaneous – €150 (incl VAT at 23%) Canal Quay, Dublin 2; tel: 01 676 3257, email: law@ HIGHLIGHT YOUR NOTICE BY PUTTING A BOX AROUND IT – 30 EXTRA € fitzsimonsredmond.ie ALL NOTICES MUST BE PAID FOR PRIOR TO PUBLICATION. CHEQUES SHOULD BE MADE PAYABLE TO LAW SOCIETY OF IRELAND. Send your small advert details, with payment, to: Lingwood, Gerald (deceased), late of 253 Swords Road, Santry, Gazette Office, Blackhall Place, Dublin 7, tel: 01 672 4828, or email: [email protected]. Dublin 9, who died on 30 Deadline for May 2018 Gazette: 13 April 2018. For further information, contact the Gazette January 2018 and resided at 253 office on tel: 01 672 4828. Swords Road, Santry, Dublin 9 No recruitment advertisements will be published that include references to ranges of post-qualification at the date of his death. Would experience (PQE). The Gazette Editorial Board has taken this decision based on legal advice, which indi- any person having knowledge cates that such references may be in breach of the Employment Equality Acts 1998 and 2004. of any will made by the above- named deceased please contact Padraig J Sheehan, Solicitors, WILLS edge of any will made by the knowledge of the whereabouts Village Green House, Douglas Barry, Oliver (deceased), late above-named deceased please of any will made or purported West, Douglas, Cork; tel: of 88 Millbrook, Johnstown, contact Masterson Sammon & to have been made by the 021 436 0066, email: info@ Navan, Co Meath, formerly of Co, Solicitors, 93C Monkstown above-named deceased please pjsheehan.ie 10 Delbrook Park, Ballinteer, Road, Monkstown, Co Dublin; contact Charlotte Egan, AB Dublin 16, and 58 Broadhill, tel: 01 230 3472, email: info@ Jordan, Solicitors, College O’Keeffe, Myles (otherwise Ballinteer, Dublin 16, who died mastersonsammon.ie St, Carlow; DX 18001 Car- Milo) (deceased), late of Tank- on 22 January 2018. Would any low; tel: 059 914 1257, email: ersley House, Aughrim, Co person having knowledge of the Corrigan, David (deceased), [email protected] Wicklow. Would any person whereabouts of any will made late of 3 Oakley Park, Black- having any knowledge of a will by the above-named deceased rock, Co Dublin, who died on Harlowe, James (otherwise executed by the above-named please contact Julie G O’Connor, 7 September 2017. Would any Jim) (deceased), late of 6 deceased, who died on 5 Febru- Joseph T Deane & Associates, St person having knowledge of the Booterstown Avenue, Booter- ary 2018, please contact Cooke Andrew’s House, 28/30 Excheq- whereabouts of any will executed stown (otherwise Blackrock), & Kinsella, Solicitors, Wexford uer St, Dublin 2; D02 R721; tel: by the said deceased please con- Co Dublin. Would any person Road, Arklow, Co Wicklow; tel: 01 671 2869, email: julieoc@ tact Delahunt, Solicitors, 357 having knowledge of a will made 0402 32928, fax: 0402 32272, joedeane.ie North Circular Road, Phibs- by the above-named deceased, email: [email protected] borough, Dublin 7; tel: 01 830 who died on 28 January 2018, Brennan, Peter (deceased), 4711, email: delahuntsolicitors@ please contact Maurice E Veale Redmond, Richard (deceased), late of Carrickahogue, Shercock eircom.net & Co, Solicitors, 6 Lower late of 171 Inchicore Road, PO, Co Monaghan. Would any Baggot Street, Dublin 2; tel: Inchicore, Dublin 8, retired, person having knowledge of a Donohoe, Peter (deceased), 01 676 4067, email: c.keane@ who died on 14 September will made by the above-named late of Drumbrawn, Cloverhill, vealesolicitors.com 2013. Would any person having deceased, who died on 1 Decem- Co Cavan, who died in or around knowledge of the whereabouts ber 2017, please contact G Jones 27 December 2017. Would any Holbrook, Anthony (de- & Co, Solicitors, Main St, Car- person having knowledge of a ceased), formerly of 40 Clarkes rickmacross, Co Monaghan; tel: will made by the above-named Road, Ballyphehane, Cork, who Sole practitioner in long estab- 042 966 1822, email: clynch@ deceased please contact Gemma died on 6 February 2018. Would lished Dublin 2 private client firm gjones.ie Stack, P&G Stack, Solicitors, any person having knowledge of seeks merger (or other arrange- Main St, Maynooth, Co Kildare; the whereabouts any will made ment) to facilitate retirement Cooney, Thomas (deceased), DX 98008; tel: 01 629 0900, by the above-named deceased, within three years. Replies by late of 49 Garnish Square, Water- email: [email protected] or if any firm is holding same, email to Russell & Co, manage- ville, Blanchardstown, Dublin please contact Mary Buckley, ment & software consultants to 15, and formerly of 59 The Malt- Doran, Francis (deceased), Patrick Buckley & Co, Solici- the legal profession: cr.russellco@ ings, Watling Street, Dublin 8, who died on 28 March 1976, tors, 5/6 Washington St West, gmail.com. Absolute confident- who died on 14 February 2018. late of 8 Barrack St, Carlow. Cork; tel: 021 427 3198, email: iality guaranteed. Would any person having knowl- Would any person having [email protected] Law Society Gazette | gazette.ie April 2018 69 PROFESSIONAL NOTICES NOTICES

of any will made by the above- Limerick, being entitled to the of land situate at the Point all superior interests up to and named deceased please contact lessee’s interest in the said lease, Village, Dublin 1 including the fee simple in the Tina Ennis, Matheson, Solici- intends to submit an applica- Take notice that any person hav- aforesaid property are unknown tors, 70 Sir John Rogerson’s tion to the county registrar for ing any interest in the freehold or unascertained. Quay, Dublin 2; tel: 01 232 2034, the city of Limerick for acquisi- estate or any intermediate inter- Date: 6 April 2018 email: [email protected] tion of the freehold interest in ests in the following property at Signed: McCann FitzGerald (solic- the aforesaid property and all the Point Village, Dublin 1: all itors for the applicant), Riverside Steiner, Ernst Christopher intermediate interests (if any) that and those that plot or piece One, Sir John Rogerson’s Quay, (deceased), late of Shraigh Hill, in the said property, and any of ground, part of foot lot num- Dublin 2 Bunnahowen PO, Ballina, Co party asserting that they hold a ber 90, which is more particu- Mayo. Would any person having superior interest in the aforesaid larly delineated and described in In the matter of the Landlord knowledge of a will made by the premises (or any of them) are and by a map or terchart thereof and Tenant (Ground Rents) above-named deceased, who died called upon to furnish evidence in the margin of the lease dated Acts 1967-2005 and in the on 25 November 2017, please of the to the aforementioned 26 July 1864 between Thomas matter of part II of the Land- contact Alastair Purdy & Com- premises to the below named Crosthwait of the one part and lord and Tenant (Ground Rents) pany, Solicitors, Corrib Castle, 1 within 21 days from the date of Thomas Walpole, William (No 2) Act 1978 and in the Waterside, Woodquay, Galway; this notice. Henry Webb, and John Fredrick matter of an application by tel: 091 565 765, email: fiona@ In default of any such notice Bewley of the other part, and Joseph Gilmartin: premises alastairpurdyandcompany.ie being received, Lantar Limited coloured green thereon, and is at 28 Revington Park, North intends to proceed with the situate, lying and being in the Circular Road, in the parish of TITLE DEEDS application before the county parish of St Thomas and county St Munchin and city of Limer- In the matter of the Landlord registrar at the end of 21 days of the city of Dublin, held ick contained in Folio LK198L and Tenant Acts 1967-2005 and from the date of this notice and under a lease dated 26 July 1864 Take notice any person having in the matter of the Landlord will apply to the county regis- between Thomas Crosthwait any superior interest (whether by and Tenant (Ground Rents) (No trar for the city of Limerick for of the one part and Thomas way of freehold estate or superior 2) Act 1978 and in the matter directions as may be appropri- Walpole, William Henry Webb, leasehold estate) in the above of the property at Fairgreen ate on the basis that the per- and John Fredrick Bewley of the premises that Joseph Gilmartin, Service Station, Fairgreen, sons beneficially entitled to the other part from 1 May 1864 for of 60 Pearse Street, Nenagh, Co Limerick, and in particular Lot superior interest including the the term of 400 years, subject to Tipperary, intends to submit an 2 thereof (‘the property’) and freehold reversion in each of the the yearly rent of £40. application to the county regis- Lantar Limited (‘the appli- aforesaid premises are unknown Take notice that Henry A trar sitting at The Courthouse, cant’) or unascertained. Crosbie, acting by his joint statu- Merchant’s Quay, Limerick, for Take notice that any person hav- Date: 6 April 2018 tory receivers Stephen Tennant the acquisition of the freehold ing any interest in the freehold Signed: Dundon Callanan (solici- and Paul McCann, being the interest and all intermediate estate of the following prop- tors for the applicant), 17 The Cres- person now holding the said interests in the premises, and any erty: Fairgreen Service Station, cent, Limerick property, intends to submit an person asserting that they hold a Fairgreen, Limerick, and in par- application to the county reg- superior interest in the premises ticular Lot 2 thereof, held under istrar for the city of Dublin for are called upon to furnish evi- lease dated 1 March 1805 from In the matter of the Landlord the acquisition of the freehold dence of their title to the prem- Michael Maley of the one part and Tenant (Ground Rents) simple estate or any intermediate ises to the below named within and Lott Cunneen of the other Acts 1967-2005 and in the interests in the aforesaid prop- 21 days of the date hereof. In part for the term of 900 years matter of the Landlord and erty, and any party asserting that particular, any person having an from 25 March 1805, subject to Tenant (Ground Rents) (No 2) they hold a superior interest in interest in the sublessors’ inter- yearly rent of £6. Act 1978 (as amended) and in the aforesaid property (or any of est under indenture of lease Take notice that Lantar the matter of an application by them) are called upon to furnish dated 25 February 1935 between Limited, c/o Dundon Callanan, Henry A Crosbie (in receiv- evidence of the title to the afore- Edmond Loftus Wickham of Solicitors, 17 The Crescent, ership) in respect of a plot mentioned property to the below the one part and Daniel Egan named within 21 days from the of the other part, which lands date of this notice. are therein described as “all that IS YOUR CLIENT INTERESTED In default of any such notice and those a plot of building land IN SELLING OR BUYING being received, the applicant situate at Little Kilrush in the intends to proceed with the parish of Saint Munchin and city application before the county of Limerick, more particularly A 7-DAY LIQUOR LICENCE? registrar at the end of 21 days delineated and shown on the email: [email protected] from the date of this notice and plan drawn hereon and thereon will apply to the county regis- edged pink” for a term of 900 web: www.liquorlicencetransfers.ie trar for the city of Dublin for years from 1 January 1935, sub- directions as may be appropriate ject to the yearly rent of £12 Call: 01 2091935 on the basis that the person or therein reserved, should provide persons beneficially entitled to evidence to the below named 70 April 2018 Law Society Gazette | gazette.ie NOTICES PROFESSIONAL NOTICES

within 21 days of the date hereof. Mount Belton, Dun Laoghaire, Dublin 3, being part of the prop- Signed: Malone and Martin Solici- In default of any such notice Co Dublin. erty now known as ‘Crescent tors (solicitors for the applicant), being received by the appli- Take notice that Lidl Ireland Interiors’, Market Street, Trim, Co Meath cant, as aforesaid, the applicant GmbH (external company num- iv) 10a Malahide Road, being intends to proceed with the ber 904141), having its regis- part of the property now known In the matter of the Landlord application to the county regis- tered office at Great Connell as ‘Quick Fitness’ and compris- and Tenant Acts 1967-2005 and trar, Limerick, at the expiration Road, Newbridge, Co Kildare, ing the first-floor apartment, in the matter of the Landlord of 21 days from the date hereof intends to submit an application v) 2 Marino Crescent, Clontarf, and Tenant (Ground Rents) (No and will apply to the county reg- to the country registrar for the Dublin 3, being a residential 2) Act 1978 and in the matter istrar, Limerick, for directions city of Dublin for acquisition of premises, of the premises situate to the as may be appropriate on the the freehold interest and inter- vi) 3 Marino Crescent, Clontarf, rear of number 89 Cromwells- basis that the person or persons mediate interests in the aforesaid Dublin 3, being a residential fort Road, Walkinstown, in the entitled to the superior interests, premises, and any party asserting premises, city of Dublin, formerly part of including the freehold interest in that they hold a superior inter- vii) 4 Marino Crescent, Clontarf, the commons of Crumlin, sit- the premises, are unknown and est in the aforesaid premises (or Dublin 3, being a residential uate in the parish of Crumlin, unascertained. any of them) are called upon to premises, in the barony of Uppercross, Date: 6 April 2018 furnish evidence of the title to viii) 5 Marino Crescent, Clontarf, and in the county of Dublin: an Signed: David Scott & Co (solicitors the aforementioned premises to Dublin 3, being a residential application by Seabren Devel- for the applicant), 56 O’Connell the below named within 21 days premises, opments Limited Street, Limerick from the date of this notice. ix) 6 Marino Crescent, Clontarf, Take notice that any person hav- In default of any such notice Dublin 3, being a residential ing any interest in the freehold In the matter of the Landlord being received, Lidl Ireland premises, all held under a lease estate or any superior interest in and Tenant Acts 1967-2005 and GmbH intends to proceed with dated 31 October 1933 and the following property: all that in the matter of the Landlord the application before the county made between Edward Kingston and those the lands, heredita- and Tenant (Ground Rents) registrar at the end of 21 days Vernon of the one part and ments, and premises situate to (No 2) Act 1978 and in the from the date of this notice and Henry T Jennings of the other the rear of the premises known matter of the lands and store will apply to the county regis- part for a term of 150 years from as no 89 Cromwellsfort Road, situated at Dun Laoghaire, trar for the county of Dublin for 29 September 1933 and subject Walkinstown, in the city of Dub- Sallynoggin East, Co Dublin, directions as may be appropriate to the rent therein reserved and lin, being the lands comprised formerly known as houses 1-8 on the basis that the persons (or to the covenants and conditions in an indenture of assignment inclusive, Mount Belton, Dun some of the persons) beneficially contained therein. dated 18 October 1994 and made Laoghaire, Co Dublin, and in entitled to the superior interest Take notice that the applicant between Dermot Farrell of the the matter of an application by including the freehold reversion intends to submit an application one part and James Whelan and Lidl Ireland GmbH in each of the aforesaid premises to the county registrar for the Noel Whelan of the other part, Any person having any interest are unknown or unascertained. county/city of Dublin for the and being part of the lands held in the freehold estate or inter- Date: 6 April 2018 acquisition of the freehold inter- under an indenture of lease dated mediate interests of the fol- Signed: ByrneWallace (solicitors for est in the aforesaid property, and 15 April 1905 and made between lowing property: the lands and the applicant), 88 Harcourt Street, any party asserting that they hold Samuel Jameson of the one part store forming part of the lands Dublin 2; DO2 DK18 a superior interest in the afore- and Michael Morris of the other in the townland of Thomastown, said premises are called upon to part for a term of 150 years from barony of Rathdown, electoral In the matter of the Landlord furnish evidence of the title to 25 March 1905. division of Dun Laoghaire, and Tenants Acts 1967-2005 the aforementioned premises to Take notice that the applicant, Sallynoggin East and county and in the matter of the Land- the below named within 21 days Seabren Developments Lim- of Dublin, described in Folio lord and Tenant (Ground Rents) from the date of this notice. ited, being the person currently 198663F of the register Co Act 1967 and in the matter In default of any such notice entitled to the lessee’s interest, Dublin, being all of the prop- of an application made by being received, the applicants intends to submit an application erty demised by an indenture Thomas J Anderson intend to proceed with the appli- to the county registrar for the of head lease dated 3 May 1951 Take notice that any person hav- cation before the county regis- city and county of Dublin for the made between Richard Belton ing any interest in the freehold trar at the end of 21 days from acquisition of the freehold inter- of the first part, Richard Belton estate or any intermediate inter- the date of this notice and will est in the aforesaid property, and and others of the second part, est in the following premises: apply to the county registrar for any party asserting that they hold and Our Lady’s Public Utility i) 6a Malahide Road, Fairview, the county/city of Dublin for a superior interest in the afore- Society Limited of the third part, Dublin 3, being a single-storey directions as may be appropriate said premises are called upon to and being all of the property commercial unit now known as on the basis that the persons ben- furnish evidence of the title to demised by eight subleases, the ‘Barber Shop’, eficially entitled to the superior the aforementioned premises to title to which subleases is reg- ii) 8 Malahide Road, Fairview, interest including the freehold the below named within 21 days istered in Folio 143609L of the Dublin 3, being the ground floor reversion in the aforementioned from the date of this notice. register Co Dublin, and which part of the property now known premises are unknown or unas- In default of any such notice lands and store were formerly as ‘Glamorous Dogs’, certained. being received, the applicant known as houses 1-8 inclusive, iii) 8a Malahide Road, Fairview, Date: 6 April 2018 intends to proceed with the Law Society Gazette | gazette.ie April 2018 71 PROFESSIONAL NOTICES NOTICES

application before the county county registrar for the county Take notice that any person hav- to the superior interest includ- registrar at the end of 21 days of Cork for the acquisition of the ing any interest in the fee simple ing the freehold reversion in the from the date of this notice and freehold interest in the aforesaid estate or any intermediate inter- aforesaid premises are unknown will apply to the county registrar premises, and any party asserting est in the lands and premises now or unascertained. for the city and county of Dublin that they hold a superior inter- known as ‘Maddens Garage’, Date: 6 April 2018 for directions as may be appro- est in the aforesaid premises are situate in the townland of Dun- Signed: Patrick J Carolan & Co priate on the basis that the per- called upon to furnish evidence shaughlin, barony of Ratoath, in (solicitors for the applicant), Market sons beneficially entitled to the of the title to the aforementioned the county of Meath, being the Square, Kingscourt, Co Cavan superior interest including the premises to the below named lands initially occupied by Mr freehold reversion in each of the within 21 days from the date of Bernard Carolan by way of a ten- RECRUITMENT aforesaid premises are unknown this notice. ancy from year to year, subject to Litigation solicitor – Dublin or unascertained. In default of any such notice the yearly rent of £4. city centre Date: 6 April 2018 being received, the applicant Take notice that the applicant, Gleeson McGrath Baldwin, Signed: Brian Crowe & Co (solici- intends to proceed with the Ms Stephanie Walsh, intends a solicitors’ practice based in tor for the applicant), 177 Harold’s application before the county to submit an application to the Dublin 2, has an exciting new Cross Road, Dublin 6 registrar at the end of 21 days county registrar sitting at the opportunity in their Litigation from the date of this notice and Courthouse, Trim, in the county Department for an experienced In the matter of the Landlord will apply to the county registrar of Meath, for the acquisition litigation solicitor. The suc- and Tenant Acts 1967-2005 and for the county of Cork for direc- of the fee simple estate and all cessful candidate will be experi- in the matter of the Landlord tions as may be appropriate on intermediate interests (if any) in enced in the areas of commercial and Tenant (Ground Rents) (No the basis that the persons ben- the aforesaid premises, and any contract and defence litigation. 2) Act 1978: an application by eficially entitled to the superior party asserting that they hold They must also have: Hatch Copley Limited interest including the freehold a superior interest in the afore- • A minimum of three-plus Take notice that any person hav- reversion in the aforesaid prem- said premises is called upon to years’ experience, ing any interest in the freehold ises are unknown or unascer- furnish evidence of their title to • The ability to work on their estate of the following property: tained. the aforementioned premises to own initiative and as part of a 10 Copley Street, Cork, held Date: 6 April 2018 the below named within 21 days team, under indenture of lease dated Signed: Crowley Millar (solicitors from the date of this notice. • A strong work ethic, 19 May 1964 made between (1) for the applicant), 2-3 Exchange In default of any such notice • An excellent academic back- W Marsh & Sons Limited and Place, Georges Dock, IFSC, Dub- being received, the said appli- ground and references, (2) Daniel Cullinane and Wil- lin 1 cant intends to proceed with • A record of ability to manage liam Cullinane for the term of the application before the said multiple priorities and ensure 99 years from 29 September In the matter of the Landlord county registrar at the end of 21 that deadlines are met, and 1963, subject to the yearly rent and Tenant (Ground Rents) Acts days from the date of this notice • A pragmatic approach to legal of IR£10. 1967-2005 and in the matter and will apply to said the county issues. Take notice that Hatch Copley of an application by Stepha- registrar for directions as may Limited (the applicant) intends nie Walsh and Brian O’Dowd be appropriate on the basis that Please email a CV and cover let- to submit an application to the (applicants) the persons beneficially entitled ter to [email protected]. LAW SOCIETY GAZETTE • Vol 112 No 3 Let the wookie win Howzat! Inspection reflection The GDPR is nearly upon Cecelia Joyce combines a A practical guide for firms us – here’s what you need to high-flying legal career with facing a routine or triggered know about DPOs international cricket Law Society inspection GET MORE AT

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NE ULTRA CREPIDAM JUDICARET ALIVE, ALIVE-NO! A Romanian court has rejected a man’s claim that he is alive, after he was officially registered as dead, The Guardian reports. Constantin Reliu (63) went to Turkey in 1992 for work and lost contact with his family in Roma- nia. Hearing no news from her husband for over two decades, his wife managed to get a death certif- icate for him in 2016. When Tur- key deported him back for having expired papers, he discovered he had been declared dead. A court spokeswoman said that he lost his case because he appealed too late. The ruling is final. Reliu was quoted as saying: “I am officially dead, although I’m alive. I have no income and, because I am listed dead, I can’t do anything.” ARTFUL AMBUSH IN RECORD SETTLEMENT A Russian oligarch’s ex-lawyer said was subject to legal profes- client and advisor. has lost his appeal over a hidden sional privilege, and also against The £453 million that Tati- art collection, in the largest-ever what he called “gagging orders” ana Akhmedova was awarded British divorce settlement case, preventing him telling anyone (amounting to a 50:50 split Legal Cheek reports. (including Akhmedov) about the of the assets) comprised London senior partner disclosures. a lump sum of £350 million, Anthony Kerman had been The appeal was dismissed the modern art collection ordered to appear as a witness on all grounds. In relation to worth around £90 million, the as part of proceedings linked privilege, the court concluded family home in Surrey (worth to a mammoth settlement that information on the assets around £2.4 million), and an between Russian oil-and-gas oli- was not legal advice between Aston Martin. garch Farkhad Akhmedov and ticularly his multimillion pound his former wife Tatiana. art collection. His testimony The 2016 legal battle over revealed that Akhmedov had DOUBLE TROUBLE Akhmedov’s £1 billion assets moved both his collection and An inmate at a Peruvian prison cell, where Alexander offered had ended with the oligarch £434 million in business assets in Peru drugged his identi- his sibling a sedative-laced soda. being ordered to hand over from a central European country cal twin, took his clothes, and Giancarlo woke up several £453 million. This was believed to another European country walked out – leaving his brother hours later and told security to be the largest-ever divorce shortly before the trial. behind bars, the New York Daily guards what had happened, who settlement in Britain. Kerman was ordered to pro- News reports. then verified his identity by his Kerman – a long-time adviser duce documents regarding Alexander Delgado was serv- fingerprints. to the businessman – was the collection and assets. He ing a 16-year sentence for child Alexander was on the run for ordered to appear in court after appealed against the “ambush” sexual abuse and robbery when 13 months before he was caught. the conclusion of the main hear- of the order for him to appear his brother Giancarlo visited He told authorities that he ing to give information regard- as a witness and against having him. They met in a common devised the scheme because he ing Akhmedov’s assets, par- to disclose information that he area, and later went back to his was desperate to see his mother. Brightwater Recruitment LEGAL ROLES

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Dunne/0012/AJC/2018 Dunne

Details & Correspondence Calendar & Tasks Financial Summary Time & Fees Office Accounting Client Funds Registers Dunne/0012/AJC/2018 Dunne

Details & Correspondence Calendar & Tasks Financial Summary Time & Fees Office Accounting Client Funds Registers

Save & New New Share via Forms & New More Import & Timesheet LEAP 9:41 AM 100% Close Letter Email LawConnect Precedents Comment Types... Scanning Dunne/0012/AJC/2018 - James/Agnes Dunne, Property Purchase DSETAILSave & New New Share via Forms & New CORRESPONDENCEMore Import & Timesheet LEAP 9:41 AM 100% Close Letter Email LawConnect Precedents Comment Types... Scanning DETAILS & CORRESPONDENCE CALENDAR & TASKS TIME & FEES FINANCIAL SUMMARY COST RECOVERY GENERAL TRUST OFFICE 150017 Search correspondence IN PROGRESS Dunne/0012/AJC/2018 - James/Agnes Dunne, Property Purchase MarianDETAILS Hughes CORRESPONDENCE DETAILS IN PROGRESS CORRESPONDENCE Search DETAILS & CORRESPONDENCE CALENDAR & TASKS TIME & FEES FINANCIAL SUMMARY COST RECOVERY GENERAL TRUST OFFICE Application to change the register JL Mar 23, 2018 Buyer150017 Mr James Dunne & Mrs Agnes Dunne Search correspondence IN PROGRESS Staff Application to change the purchase date Marian Hughes LEAP 9:41 AM DETAILS 100% IN PROGRESS CORRESPONDENCE Search Matter Type Purchase of 14 Beech Park Avenue Marian Hughes Created: 23/03/2018, 10:23 AM Letter to Solicitors confirming instructionsDunne JL Mar 23, 2018 Application to change the register JL Mar 23, 2018 ComplianceBuyer DateMr James AML checksDunne &complete Mrs Agnes 08/03/2018. Dunne 0012/AJC/2018 From: Marian Hughes Dunne - Purchase from Brennan BuyerStaff Application to change the purchase date DETAILSLEAP CORRESPONDENCE9:41 AM CALENDARJL 100% Mar 23, 2018 SellerMatter Type TrantersPurchase LLP of 14 - Ref: Beech 67877/Brennan Park Avenue [email protected] MrMarian James Hughes Dunne & Mrs Agnes Dunne LetterCreated: to 23/03/2018, Solicitors confirmation 10:23 AM Letter to Solicitors confirming instructionsDunne JL Mar 23, 2018 From: Marian Hughes SellersCompliance Solicitor DrDate Brian AML Brennan checks complete 08/03/2018. 0012/AJC/2018Search Created: 23/03/2018, 11:13 AM DunneScanned - Purchase Property Plansfrom Brennan MatterBuyerJL Type Mar 21, 2018 From: Marian Hughes DETAILS CORRESPONDENCE CALENDARJL Mar 23, 2018 Seller MrTranters Michael LLP Cullen - Ref: 67877/Brennan [email protected] to change theMr register James Dunne & Mrs Agnes Dunne Letter to Solicitors confirmation Created: 23/03/2018, 10:23AMPurchase of 14 Beech Park Avenue Dunne - Documentation required for sale Created: 23/03/2018, 11:13 AM PropertySellers Solicitor 14Dr BrianBeech Brennan Park Avenue, Foxrock, Dublin 18 From: Marian HughesSearch JL Mar 21, 2018 Dunne - Purchase from Brennan [email protected] Scanned Property Plans ComplianceMatterJL Type Mar 21, 2018 Created:From: Marian 23/03/2018, Hughes 11:00 AM Application to change the register Land Registry LandMr Michael Registry Cullen (Dublin) Letter to Solicitors confirmingPurchase ins... of 14 Beech Park Avenue Created: 23/03/2018, 11:13AM10:23AMDate AML checks complete: 01/03/20... From: Marian Hughes 1 DunneSurvey -Report Documentation - 14 Beech required Park Avenue for sale JL Mar 20, 2018 Property 14 Beech Park Avenue, Foxrock, Dublin 18 From: Marian Hughes JL Mar 21, 2018 Dunne - Purchase from Brennan Conveyancing Details Price: €695,000.00 [email protected] SellerCompliance ScannedCreated: 23/03/2018, Property Plans 11:00 AM EstateLand Registry Agent GreenfoldLand Registry Estates (Dublin) - Ref: 14 Beech Park... DunneLetter to - PurchaseSolicitors confirmingfrom Brennan ins... Completion StatementCreated: 23/03/2018, 11:13AMDrDate BrianJL AML Brennan checksMar complete: 19, 2018 01/03/20... From: Marian Hughes 1 Survey Report - 14 BeechCreated: Park 23/03/2018, Avenue 11:00AM JL Mar 20, 2018 Created: 21/03/2018, 10:43 AM Conveyancing Details MrPrice: Brian €695,000.00 Brooks From: Marian Hughes 1 From: Marian Hughes SellersSeller Solicitor Scanned Property Plans Telephone with Client Dunne- advised - Purchase of possib... from BrennanJL Mar 18, 2018 LenderEstate Agent HSBCGreenfold Bank Estates - Ref: -Dunne/87876566/... Ref: 14 Beech Park... Completion StatementScanned Property Plans TrantersDr BrianJL BrennanLLP - Ref:Mar 67877/Brennan 19, 2018 Created: 21/03/2018,23/03/2018, 10:43AM11:00AM DunneCreated: - 21/03/2018,Documentation 10:43 required AM Bank Details AccountMr Brian Number:Brooks 56791572 From: Marian Hughes 1 From: Marian Hughes Letter to Lender sending Report on Title JL Mar 16, 2018 Created: 21/03/2018, 11:22 AM Telephone with Client - advised of possib...PropertySellersJL Solicitor Scanned Property Plans Mar 18, 2018 From: Marian Hughes 1 LocalLender Authority CityHSBC of BankDublin - Ref:Council Dunne/87876566/... Dunne - Documentation required...14Tranters Beech LLP Park - Ref:Avenue, 67877/Brennan Foxrock, Dublin 18 Purchase from BrennanCreated: 21/03/2018, 11:22AM10:43AM Dunne - Documentation required JL LocalBank DetailsAuthority Details District:Account DublinNumber: 56791572 [email protected] From: Marian Hughes 1 Mar 15, 2018 Created: 21/03/2018, 11:22 AM Letter to Lender sending Report on Title LandPropertyJL RegistryMar 16, 2018 Survey Report - 14 Beech Park Avenue Local Authority City of Dublin Council Created:From: Marian 20/03/2018, Hughes 2:50 PM 1 SurveyDunne -Report Documentation - 14 Beech required...Land14 Park... Beech Registry Park (Dublin) Avenue, Foxrock, Dublin 18 Purchase from BrennanCreated: 21/03/2018, 11:22AM Local Authority Details District: Dublin Created: 20/03/2018, 2:50PM JL From: Marian Hughes [email protected] From: Marian Hughes 1 Mar 15, 2018 Land Registry Survey Report - 14 Beech Park Avenue Created: 20/03/2018, 2:50 PM Survey Report - 14 BeechLand Park... Registry (Dublin) Created: 20/03/2018, 2:50PM From: Marian Hughes From: Marian Hughes

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Law Society Ireland Ad - 275 x 210 (with 10 mm bleed) - InDesign.indd 1 22/03/2018 09:23

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