Taking aim Guardians of the galaxy Take two The Law Society has The independence of the Part 2 of the Gazette’s set its sights on ‘claims- guardian ad litem service interview with Justice harvesting’ websites must be protected Minister Frances Fitzgerald gaLAW SOCIETY ette€4.00 JAN/FEB 2015
WINNER STICKING-PLASTER SOLUTIONS? The implications of PP v HSE gaLAW SOCIETY ette
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Please contact Dan Fox BL, Head of Legal Recruitment. 26, Windsor Place, Lower Pembroke St, Dublin 2. Phone: 01 619 1800 law society gazette www.gazette.ie Jan/Feb 2015 PRESIDENT’S MESSAGE 1
RAISING ALL BOATS
t’s been just over two of regulation, in what was a very showed recovery in our sector to months now since the positive engagement from a Law be both patchy and diverse. Recent profession propelled Society perspective. data in the New Year suggest me into the position further growth in the economy but, of president. The Position papers critically, predict that this will be experience to date has Having been involved in this driven by domestic demand. Ibeen something of a whirlwind. legislative journey from the What has struck me has been the outset, what strikes me is the Economic tide innate decency of colleagues, the immense amount of research If that new economic tide can goodwill bestowed on me, the and preparation that the Law (to borrow that great Lemassian confidences they share with me, Society has put into studying phrase) ‘lift all boats’, then maybe and the warmth and generosity the legislation and marshalling after years of difficulty and struggle of their hospitality. All such the myriad of arguments against for many practices, we might all attributes I have experienced certain proposals. These reference (and not just the large firms) begin in abundance wherever I have why we favour amendment or to see a real and more sustained gone and from whatever group removal of various provisions that recovery. of colleagues, including the we feel are unwise. Finally, if I may strongly exhort more than 1,000 solicitors I have These position papers have you to consider coming along met or addressed at meetings always been superbly drafted. This to the Law Society’s annual throughout the country. is evident from the very positive conference from 8-9 May. As As lawyers, many of us take manner in which they have been you will see from the details The recovery in the legislative process seriously received by the Department within, it is to take place in the only after the enactment of of Justice, and this minister in stunning Lough Erne Resort our sector has specific legislation. Why get particular. However, as they say, it outside Enniskillen in Co been both patchy oneself worked up over a bill is ‘not over till the fat lady sings’ Fermanagh. It’s good to extend that might not see the light of and the coming months will tell hands across the border, just as and diverse day? However, the exception whether the hard work done by the our Northern colleagues did five ‘ must be the Legal Services Law Society on your behalf will years ago when they held their Regulation Bill, which has been result in legislation that we can conference in Enniskerry – and knocking around Leinster work with. I believe it will. so we’ll go to Enniskillen, just a ’ House now for a number of As we all know, this time of short two-and-a-quarter hours years, but has yet to get through year in practice can be particularly from Dublin! It promises to be the legislative process. This, we difficult in making ends meet, remarkable value, a great way to understand, is likely to be passed paying the bills and (not least!) fulfil CPD requirements, with by June of this year, according the Law Society’s subscription by impeccable speakers and a superb to the minister herself, whom the end of January. In November, social programme. I hope you I met recently along with the I shared with you an economic can support me. You director general and director analysis of our profession, which deserve the break!
Kevin O’Higgins President 2 CONTENTS law society gazette www.gazette.ie Jan/Feb 2015
gaLAW SOCIETY ette
• Vol 109 No 1 No 109 Vol • GAZETTE SOCIETY LAW
Taking aim The Law Society has set its sights on ‘claims- Guardians of the galaxy harvesting’ websites The independence of the guardian ad litem service Take two must be protected Part 2 of the Gazette’s interview with Justice Minister Frances Fitzgerald
28 gaLAW SOCIETY ette€4.00 JAN/FEB 2015
cover story
2015 JAN/FEB
www.claimsgalore.com 24 A matter of life and death
PI CLAIMS On 26 December, the High Court MADE* permitted doctors to withdraw life support from a 26-year-old pregnant
(* Not a lawyer) woman, leading to the inevitable death
of her unborn child. Michaela Herron WINNER Law Society of Ireland of Society Law STICKING-PLASTER and Kevin Power analyse this SOLUTIONS? daunting case The implications of PP v HSE 36 features 28 Circle of trust 36 Shoot to thrill In part 2 of her interview with the In 2015, the Society will set its sights Gazette, Minister for Justice Frances on the widespread problem of ‘claims- Fitzgerald speaks to Mark McDermott harvesting’ websites and the impact they about the Policing Authority and have on personal injury litigation. Eamonn whether Ireland’s direct provision Maguire calibrates his scope centres are fit for purpose 40 Taking care of business 32 Opportunity costs Now a registered charity, LawCare The solicitors’ profession needs to began in 1997 as a support group for be confident and forthright on the solicitors with alcohol addiction. issue of legal costs, writes Cormac Maggie Armstrong talks to new 40 Ó Culáin CEO Elizabeth Rimmer
Law Society Gazette Volume 109, number 1 law society gazette Subscriptions: €60/€90 Blackhall Place, Dublin 7. Tel: 01 672 4828, fax: 01 672 4801, email: [email protected] Editor: Mark McDermott FIIC Deputy editor: Dr Garrett O’Boyle PROFESSIONAL NOTICES: send small advert details, with payment, to: Gazette Art director: Nuala Redmond Office, Blackhall Place, Dublin 7, tel: 01 672 4828, or email: [email protected]. Editorial secretary: Catherine Kearney All cheques should be made payable to: Law Society of Ireland. Printing: Turner’s Printing Company Ltd, Longford
COMMERCIAL ADVERTISING: contact Seán Ó hOisín, 10 Arran Road, Dublin 9, Editorial board: Michael Kealey (chairman), tel: 01 837 5018, fax: 884 4626, mobile: 086 811 7116, email: [email protected]. Mark McDermott (secretary), Mairéad Cashman, See the Gazette rate card online at www.lawsociety.ie/gazette-rates Paul Egan, Hilary Forde, Richard Hammond, Mary Keane, Aisling Kelly, Teri Kelly, Tracy Lyne, HAVE YOU MOVED? Members of the profession should send change-of-address details to: Patrick J McGonagle, Aisling Meehan, Heather IT Section, Blackhall Place, Dublin 7, or to: [email protected] Murphy, Ken Murphy, Andrew Sheridan law society gazette www.gazette.ie Jan/Feb 2015 CONTENTS 3
18 9 regulars 4 Frontline 20 Analysis 4 Nationwide 20 News in depth: For the first time, there is a female majority in the solicitors’ 5 News profession in Ireland 22 News in depth: Judges criticise State 14 People agencies in child care cases 18 Comment 44 Books 18 Viewpoint: The role, independence and 44 Book reviews: Prison Law; Family funding of the guardian ad litem service Breakdown: A Legal Guide; and Civil Procedure in the Circuit Court 15 46 Briefing 46 Council report: 5 December 2014 48 Practice notes 51 Legislation update: 11 November 2014 – 12 January 2015 53 Regulation 56 Eurlegal: Calculating fines for competition infringements 58 Professional notices 64 Final verdict 64
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Professional legal advice should always be of the Press Ombudsman go to: www.pressom- … as well as lots of other useful information sought in relation to any specific matter. budsman.ie or www.presscouncil.ie. 4 FRONTLINE law society gazette www.gazette.ie Jan/Feb 2015 nationwide News from around the country WEST CORK CORK Keith Walsh is principal of Keith Walsh Justice in the 21st century Cream of the solicitors, where he works on civil southern crop litigation and Cork-based Joan Byrne (Mullins Lynch family law cases Byrne) tells us that the cream of the southern solicitors crop will be in the Maryborough Hotel and Spa, Douglas, KILDARE on Friday 20 February 2015 for the Southern Law Association’s annual dinner. Two Jackeens will attend as Colleagues guests of honour, namely President Kevin O’Higgins and director general remembered Ken Murphy. Mr O’Higgins has been warned not to ask for his usual The Kildare Bar Association took The West Cork Bar Association UK), David Langwallner (Irish Guinness and has told Nationwide: part in an emotional memorial (WCBA) held its annual Innocence Project) and Fergus ‘When in Rome…’ Mass for deceased members of conference at Inchydoney Island Finlay. On 15 December, the SLA held its the legal profession at the end of Lodge and Spa recently. The Attending the conference Christmas golf outing at Cork Golf November, which was attended two-day conference on the theme were (front, l to r): Fergus Finlay, Club, Little Island. A beautiful day by members of the Courts of ‘Justice in the 21st century’ Mick Levens, Ms Justice Mary played a major part in the quality of Service, the gardaí and the Prison was fully subscribed and was Laffoy, Dr Michael Naughton and the golf delivered. David O’Mahony Service. Colleagues paid tribute officially opened by Ms Justice Roni Collins (WCBA); (back, l was overall winner (33 points for to recently deceased solicitor Mary Laffoy. to r): Macaire McCauley Adams 15 holes), closely followed by Niall Anne Nowlan (Newbridge). The Speakers included Mick (WCBA), Colette McCarthy O’Sullivan and Eddie Cogan. Louise event was organised by Teresa Levens and Sgt Ben Flahive (president, WCBA), Maria Murray and Elaine Sweeny topped the Brophy (Courts Service). (restorative justice facilitators), O’Donovan (secretary, WCBA) and ladies section. The Easter outing will The association will begin its John Lonergan, Dr Michael Veronica Neville (vice-president, take place in Mitchelstown Golf Club 2015 CPD programme on 18 Naughton (Innocence Network WCBA) on 27 March 2015. February at the Keadeen Hotel, Newbridge, at 6.30pm, with talks on the new Companies Act KILKENNY (by Brian Walker) and advising clients in custody (by Dara Robinson and Helen Coughlan). Marble City puts it up to Hillary Clinton Dynastic politics with wife replacing husband are then president of the Kilkenny Bar Association, not just confined to the US presidential elections. Owen O’Mahony, when he hosted a meal for visiting GALWAY Solicitors in Kilkenny are leading the way by electing Chicagoan Judge James Flannery back in July Yvonne Blanchfield (unopposed) as the association’s 2010. Maeve Meaney was elected secretary at the president. Eagle-eyed readers of Nationwide might December AGM. Yvonne and Maeve take the reins A very Russian recall that Yvonne accompanied her husband and from Laurence Grace and Owen Sweeney. election The Galway Solicitors’ Bar LOUTH Association held its AGM on 5 December in Galway Courthouse. In what has been described as Dundalk pilot to be rolled out nationwide an “almost Russian election”, the Wi-fi facilities have been installed then to Circuit, followed eventually The retirement of Judge Matt new committee was elected, with at Dundalk Courthouse, with by District Court venues. The Deery will be marked by a dinner James ‘Putin’ Seymour continuing coverage throughout the building. benefits are already evident. on 6 February at the Nuremore as president for an unprecedented This is due to lobbying by officers Louth solicitors are looking Hotel, Carrickmacross. Judge fifth year. Over 30 hours of free CPD of the County Louth Solicitors’ forward to the Newry and Deery is viewed by solicitors north is scheduled for members in 2015. Bar Association and the Courts Banbridge Solicitors’ Association and south of Dundalk as a model The annual subscription is €50 per Service, in particular Noeleen annual dinner on 6 February. judge who discharged his duties in solicitor, which should be forwarded Halpin. Dundalk is taking part The ‘return fixture’ is the direct exemplary fashion, whether sitting to Cairbre O’Donnell (treasurer, in a pilot project, to be rolled out consequence of last summer’s event in Court 28 or on circuit. We wish GSBA), c/o John C O’Donnell &Sons, nationwide, starting first with organised at Bellingham Castle by him a long, healthy and happy Atlanta House, Prospect Hill, Galway. venues where the High Court sits, the association. retirement. law society gazette www.gazette.ie Jan/Feb 2015 NEWS 5
New head Four Courts consultation Protecting of regulatory room rates increase the brand legal services In order to protect the Society’s Eugene O’Sullivan has been ‘brand integrity’, members are appointed as the Law Society’s reminded that the Law Society first head of regulatory legal of Ireland logo is reserved services in the Regulation for the exclusive use of the Department. Eugene reports to Society. Members should not director of regulation John Elliot. use the logo for any purpose, He took up the position on 1 including on their firm’s January. website, within their email His appointment marks a signature, on social media, on fundamental reassessment of letterhead or any other printed the Society’s approach to the material. management and resourcing of legal services for regulatory purposes. As part of this reassessment, the Regulatory Litigation section will undergo a name change to the Regulatory Legal Services section. The cost of the Law Society’s • €50 for one hour (paid on the day), Eugene was the senior partner consultation rooms in the Four • €70 for two hours, and head of the litigation Courts has increased by €5 per • €250 for a full day. department in Poe Kiely Hogan two-hour period. This is the first All of the above are subject to VAT. Lanigan in Kilkenny and has a increase in six years. There was Consultation rooms can be booked wealth of experience in civil and very significant investment in the online at www.lawsociety.ie/ criminal litigation. Since 2010, facilities in 2012, including the fourcourtsbookings. he has been a member of the addition of new services such as Society’s Regulation of Practice wi-fi and remote printing, among Committee. He is an accredited other improvements. The new rates Judicial conferences update mediator in alternative dispute are very competitive compared with resolution. alternatives: The Courts Service has informed Friday 17 July 2015, save on us of the following dates for the instruction of the judiciary, judicial conferences, which are • The National Conference held under the auspices of the 2015: will take place on Friday Committee for Judicial Studies: 20 November 2015. No cases New improved cartel • The District Court should be listed for any court Conference will take place on Friday 20 November 2015, programme urges on Friday 22 and Saturday 23 save on the instruction of the May 2015 – no cases should be judiciary, whistleblowers to tell all listed for any District Court • The National Conference The Competition and Consumer for immunity. However, it on Friday 22 May 2015, save 2016 will take place on Friday Protection Commission maintains a ban on immunity on the instruction of the 18 November 2016 – no cases has released details of an for a company that coerced judiciary, should be listed for any court “improved” cartel immunity others to join or remain in the • The Circuit Court Conference on Friday 18 November 2016, programme. cartel. dates are confirmed for Friday save on the instruction of the The new programme will Commission chair Isolde 3 and Saturday 4 July 2015 – judiciary. allow a member of a cartel Goggin said: “Cartels result in no cases should be listed for to avoid prosecution if they increased prices, lower quality any Circuit Court on Friday Provisional conferences dates in come forward and reveal products and narrower choice 3 July 2015, save on the 2016 and 2017 are as follows: their involvement in illegal for consumers. They represent instruction of the judiciary, • Supreme Court, Court of cartel activity before the the most serious form of anti- • The Supreme Court, Court Appeal, and High Court commission has completed competitive behaviour. The of Appeal and High Court Conference: Friday 15 July any investigation and referred detection, investigation and Conference 2015 will take 2016. the matter to the DPP. This prosecution of cartels is one place on Friday 17 July 2015 • Supreme Court, Court of removes a previous bar on an of the highest priorities for the – no cases should be listed for Appeal, and High Court instigator company qualifying commission.” the Supreme Court, Court Conference: Friday 14 July of Appeal or High Court on 2017. DATE FOR YOUR DIARY 8-9 May 2015
Law Society Annual Conference Lough Erne Resort, Enniskillen
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Register online at: www.lawsociety.ie/AnnualConference law society gazette www.gazette.ie Jan/Feb 2015 NEWS 7
Law Society defends patients’ right to seek redress Law Society President Kevin O’Higgins and Cork-based solicitor Ernest Cantillon appeared before the Joint Oireachtas Committee on Health and Children on 27 January to rebut claims by the Medical Protection Society (MPS) that legal costs were a significant driver of increasing indemnity insurance for doctors in the private sector. The British-based MPS provides indemnity cover for most Irish consultants and has claimed that Irish legal costs are far higher than elsewhere in the western world. Mr O’Higgins reminded committee members that, while Law Society President Kevin O’Higgins (right) and solicitor Ernest Cantillon rebutted claims relating to the rising cost of solicitors serve both the best professional medical negligence insurance interests of patients and also defend health professionals, been a victim of medical with the MPS and consultant more in respect of future hospitals and the State, crude negligence, they are entitled to representative groupings earnings and care costs?” discussions on economic costs seek redress,” he said. – who appeared before the O’Higgins said. alone failed to encapsulate The Society identified the committee on 22 January – on The Society’s submission the human cost of medical expanding range of medical the proposal to cap general and to the Joint Oireachtas negligence. “The consequences procedures now being special damages. “On behalf Committee on Health and for a plaintiff and their family undertaken, in addition to of the patient, the Law Society Children is available at www. from catastrophic medical injury healthcare resourcing, as asks why a patient, who has lawsociety.ie. The committee must always be to the forefront. contributory factors to claims. already suffered due to medical discussion can be viewed at Clearly, where a patient has The Society disagreed negligence, be penalised once www.oireachtas.ie. Courtney’s triumph at passing of biggest act in history of State The 1,448-section and of the CLRG is to “promote two years after qualification as a 17-schedule Companies Bill has enterprise, facilitate commerce, solicitor, Courtney had written been enacted as the Companies simplify the operation of the first edition of The Law of Act 2014, writes Paul Egan. This the Companies Acts, enhance Private Companies. A second act, passed on 23 December corporate governance and edition arrived in 2002 and a 2014, is the biggest in the encourage commercial probity”. third, under the title The Law of history of the State. It replaces In its first report, the CLRG Companies in 2012. In between the Companies Acts 1963-2013. It urged the consolidation of these volumes in 1998, he wrote is expected that the new act will company law. Mareva Injunctions and Related be commenced in June 2015. But Courtney’s proposal went Interlocutory Orders and, in 2004, For one solicitor in particular, one step further by redesigning was awarded his Doctorate in Dr Tom Courtney (a partner and the statute between the law Laws by the National University head of company compliance applicable to private companies of Ireland. and governance at Arthur Cox), limited by shares and the law Law Society President Kevin this is a personal triumph among applicable to other company O’Higgins, commenting on many milestones in a stellar legal types. This means that most the act’s passing, said: “Tom career. practitioners and users of Tom Courtney, chair of the Company Courtney is a wonderful example The Companies Act is very company law will focus on Law Review Group, was the main to all solicitors – combining much the child of Courtney parts 1 to 15 of the act, without driver behind the new legislation work in a busy practice, in his capacity as chair of the having to concern themselves authorship of leading textbooks Company Law Review Group. with parts 16 to 25 relating to Courtney has established and leading on the formation Formed in 2000 under Minister public, unlimited, guaranteed himself as Ireland’s leading of public policy in a dynamic Michael McDowell, the remit and other companies. company law author. Barely branch of the law.” 8 NEWS law society gazette www.gazette.ie Jan/Feb 2015
Court of Appeal defended against unfair criticism
The new Court of Appeal was a great many of them, are going established on 28 October 2014. to be published next Monday [19 At its first sitting, Mr Justice Sean January]. Ryan (president of the Court of Responding, Mr Barrett-Tillman Appeal) said that the new court said: “Ken is making excuses for the came with “a ready-made backlog fact that [the website] is not up to of civil and criminal cases, which date… Why would they hold back represents a formidable challenge”. 120 judgments? Are they magically How well has the court been going to produce 120 over the performing since its establishment? next weekend? The point is that Recently, RTÉ’s Sean O’Rourke there are 120 judgments ready to invited director general Ken go. There were probably 40 ready Murphy and law lecturer at NUI a month ago. Or 40 ready two Maynooth, Seth Barrett-Tillman, months ago. Why aren’t they on to debate the issue on his radio the website?” show on 15 January 2015. Seth Barrett-Tillman: ‘Almost no Ken Murphy: ‘What’s happening in The director general responded: The law lecturer was meaningful work has been done’ reality is more important’ “As I said, four to five cases per unimpressed by the court’s day of these criminal appeals are performance: “This new court has Supreme Court to the Court of the number of judgments that are being disposed of and I think been open for 11 weeks. And it Appeal. That was their initial published on the Courts Service that’s far more important than has only decided nine cases. That’s workload. It has been sitting website. It was considered more how many judgments have been less than one case a week … The for effectively six weeks, for the important – I think correctly – by written up on the website. What’s judges who were appointed were month of November and for a the court to deal expeditiously happening in reality is more all experts, who were already on couple of weeks in the month with these decisions. Those important… I would appeal to the bench. They should know how of December. The courts began decisions, the judgments and Seth that before he comes in to to get the court moving. They sitting again on 12 January 2015. the issues of principle of the criticise the Court of Appeal in the have now been on the bench for “There are ten judges in the cases, are being written up. future, he would do his research almost three months. And almost Court of Appeal. They took as And my understanding is that and find out what’s actually no meaningful work has been done. a priority looking at the build- those judgments are about to be happening, as distinct from what’s They haven’t even done enough up of serious criminal appeals published. Some of them actually, appearing on the website.” work to keep up with new filings at – appeals against severity of the appellate level. They’ve done sentence and appeals by the DPP about four cases a month. There against leniency of sentence. are about 25 to 75 new filings at Rape, murder, child abuse, drugs, the appellate level a month … At robbery, all the panoply of these Revolution in conveyancing nine cases in 11 weeks, they’re cases. The biggest revolution in Irish lenders, and the PRA share falling only further behind. And “As of the establishment day, conveyancing in Ireland has information in real time. Once they’re doing nothing to address there were 100 sentences appealed begun, with the start of the the solicitors for both a buyer the backlog.” against sentence by convicted implementation phase of the and a seller are ready to persons. Those are obviously Law Society’s eConveyancing complete a transaction, the Misleading urgent because these people are Project. E-conveyancing will closing will happen instantly. Murphy was quick to ride to the in prison. They’re complaining make all interactions between The current large time lag defence of the Court of Appeal, that their sentence was too long, it solicitors, lenders and the between completion and the saying: “I have to begin by saying was excessive and, therefore, these Property Registration Authority registration of ownership will that what Seth has presented, I’m should be dealt with as a matter of (PRA) entirely electronic for be removed, and all funds will sure in good faith, is a completely urgency. the first time. It will greatly transfer electronically. false and misleading presentation “In addition, there were 40 reduce transaction times Director general Ken of what’s happening in the Court appeals against leniency by and costs while increasing Murphy says: “We want to of Appeal. the DPP that argued that the security and transparency. enable a person who agrees “I yesterday went and spoke, sentences weren’t long enough. Of Home buyers will see to buy a property on a Monday through the Courts Service, with those 140 cases, 120 of those have transaction times reduced to morning to be the registered the people who are involved in the already been dealt with by the as little as five working days owner by the following Friday. Court of Appeal, to get some hard court – 120 out of 140.” once the system is up and The costs of the conveyancing facts in relation to this and the “So you’re saying the figure running. process should also reduce, evidence. of nine judgments is wrong?” The system will operate while opportunities for “There were approximately queried Sean O’Rourke. via a secure central hub fraud or errors are virtually 1,400 cases referred under the “It is completely misleading. that will see solicitors, eliminated.” article 64 procedure from the Seth is obviously concerned by law society gazette www.gazette.ie Jan/Feb 2015 NEWS 9
Gazette team celebrates on the double at magazine awards PIC: CIAN REDMOND PHOTOGRAPHY The Gazette scooped two top gongs at the Irish Magazine Awards last December. We retained the ‘cover of the year’ title from last year, while Mark McDermott was named ‘Editor of the Year’ in the business magazines category. In a ceremony attended by Ireland’s top publishing houses, the Gazette was shortlisted in four categories: ‘Business Magazine of the Year’, ‘Design Team of the Year’, ‘Cover of the Year’ and ‘Editor of the Year’. In awarding the Gazette the ‘Cover of the Year’ title, the judges commended the magazine for “the clever use of the image of the ‘monkey selfie’,” saying that they were “impressed with the magazine’s topicality in dealing with the hot legal topics of the day and the use of what wouldn’t be regarded as a typical cover for a legal magazine. Using an amusing take on the age-old cliché: ‘If you pay peanuts…’ the story successfully captures the attention of readers.” The judges added that “the Gazette’s quirky style and the eye contact of the monkey succeeded in drawing the reader in. The cover stands out and grabs Monkey see, monkey do – the Gazette team celebrates its winning cover attention.” Editor of the Year Mark “His approach presents a highly for the publication of articles of “do these guys even look at McDermott was commended professional image of the the highest calibre and relevance.” the magazines they claim to be for the impressive publication. solicitors’ profession and allows Bystanders were left wondering evaluating?”
Behind the scenes at your glorious Gazette
The Gazette goes to great pains to deliver the best content we can. We don’t just use ‘off the peg’ pictures – we do them bespoke, baby. On the left: the making of this month’s cover; centre: where it all happens – the designer’s station; right: editorial discussion 10 NEWS law society gazette www.gazette.ie Jan/Feb 2015
Make new CPD regulations your New Year resolution
New CPD Scheme regulations in which the minimum CPD (Solicitors (Continuing Professional requirement may be reduced, Development) (Amendment) such as: Regulations 2014) came into effect a) Being a senior practitioner, on 1 January 2015. Solicitors are b) Maternity/parental/carers/ advised to familiarise themselves adoptive leave, with these new regulations, c) Illness/retirement/ which amend the 2012 CPD unemployment/substantive regulations (Solicitors (Continuing reasons cases, Professional Development) d) Part-time practice, and Regulations 2012. Copies of both e) Part-year practice. CPD regulations are posted on the Law Society’s website. Automatic audit in event of failure to comply with CPD 2015 annual requirement? requirements The 2015 CPD cycle will run Solicitors should note that, from 1 January 2015 to 31 in the event of a failure to December 2015. There is no comply with annual CPD carry-over of hours from one requirements, they will be cycle to the next. Verification automatically required to of compliance with the CPD provide proof of compliance scheme continues to be tied to with their CPD obligations your annual practising certificate for a period of two years, in application. addition to the cycle in which they failed to comply. Hours per year? Solicitors to whom the What changes do the new regulations apply are required 2014 CPD regulations to complete 16 hours’ CPD introduce? during 2015. Of these 16 hours, The 2014 regulations, in a minimum of three hours amending the 2012 CPD must comprise management regulations, introduce a sum and professional development for failure by a solicitor to skills, and at least one hour must comply with the Society’s comprise regulatory matters. CPD audit. The 2014 There is a maximum limit of regulations enable the Society seven hours’ CPD, which may generated, communicated, Writing relevant material that to require payment of a sum be completed within a single day, processed, sent, received, is published: material that is not exceeding €300 by way of and a maximum of five hours’ recorded, stored and/or published in a legal periodical contribution towards costs in CPD may be claimed for time displayed by electronic means or textbook may count for CPD. situations where a solicitor has spent in relevant e-learning in or in electronic form provided Solicitors should also note that refused, neglected or otherwise any one CPD cycle. through: reference to ‘legal periodical’ failed to respond appropriately - The internet or other also includes those published in in a timely manner, or at all, to Ways of completing CPD? computer network printed form and/or online. the Society’s correspondence in There are three different ways connections, sound only, A maximum of three hours of the course of an investigation of undertaking the minimum sound and vision formats, or a the annual CPD requirement as to compliance with the CPD 2015 CPD requirement: that is, combination of both, may be claimed for time spent regulations. by way of group study format - By the provision of an writing a relevant article or Full and detailed and/or by e-learning and/or electronic file, a CD-ROM section of a legal periodical or explanations of the writing relevant material that is and/or DVD, textbook. modifications, together with published. - And other technologies and clarification on all aspects of Group Study: an organised formats that may be advised Modification of the minimum the scheme, are provided in session of CPD undertaken from time to time. 2015 CPD requirement the current scheme booklet. by three or more persons, for The scheme allows for Further details may also be a period of not less than 30 A maximum of five hours of the modifications of the minimum obtained by contacting the minutes. annual CPD requirement may CPD requirement and the CPD Scheme Unit on 01 672 E-learning: education or be claimed for time spent in current scheme booklet details 4802 or by email: cpdscheme@ training (or both) that is relevant e-learning. the particular circumstances lawsociety.ie. law society gazette www.gazette.ie Jan/Feb 2015 NEWS 11
Society expresses ‘grave concerns’ over cuts to legal services
The Law Society has DPER to remain true to its expressed its “grave concerns promise that any analysis on about the capacity of the legal ‘tenders won by whom and services market to withstand where’ will be shared in order any further cuts”, as outlined to ensure increased buy-in by the Department of Public to any revised procurement Expenditure and Reform, model. writes Mark McDermott. It says that it would welcome The Society made its discussion on unjustifiable comments following a thresholds applying to some meeting last October and tenders and has asked DPER subsequent discussions with to ensure that “contracting Mr Sean Bresnan, principal authorities must take care not officer and portfolio manager to set restrictive conditions for (professional services) at admission of legal practitioners the Office of Government to panels or for tendering Procurement (OGP). competitions. For example, At that meeting, Mr criteria such as unduly high Bresnan indicated that the insurance levels, previous State department intended to sector experience, etc, must be pursue further reductions avoided.” (10% was suggested) in its legal services spend, in Administrative costs addition to possible structural A key determinant for changes in its procurement many firms when deciding model. whether to participate in a In a letter to Mr Bresnan, competition is, firstly, to assess dated 5 November 2014, the the administrative cost of Society stated that it wished participating. Time otherwise to “place on record its serious spent on client files and concerns regarding any legal aid expenditure (both settings) cannot be ignored business development must be further reductions in legal fees criminal and civil), and by the State in an aggressive assessed against the perceived paid by the State. e) Private sector collapse in core pursuit of ‘lowest cost’,” the fairness of the procurement “While the Society areas, such as conveyancing.” letter says. “In that regard, we process – and the likely supports the concept of value are interested to know what risk outcome. for money – which can be As a consequence, the assessment will be undertaken The Society states: “It will achieved through efficiencies, sustainability of solicitors’ by the OGP in respect of any come as no surprise to you that obtaining high-quality legal practices throughout the revised procurement model more of our members wish to services, avoiding unnecessary country has suffered a and fee structure, prior to participate, but under a more duplication and so forth – the significant impact in recent implementation”. commercially efficient process.” Society’s position must be read years: “Public sector work The Society has requested The Society maintains that it has in the context of: ensures that some practices that certain issues be a “key role” in articulating what a) A reduction of circa 20% remain sustainable and available incorporated within DPER’s that process might look like. in wages and salaries in to provide important legal consideration of legal services Accountability mechanisms the legal sector since 2008, services to communities and expenditure and wider play an important role in and a similar reduction in citizens, as well as securing procurement structures. “There guaranteeing the integrity of turnover, local employment.” is a belief that some tenders tendering competitions. The b) Cuts to professional are operated in favour of the Society points out, however, fees under the Financial Risk assessment incumbents. The Society is that members have shared Emergency Measures in the In relation to any further cuts, aware of a 25% turnover in their experiences of investing Public Interest Acts of 8% in the Society comments that suppliers (between incumbents considerable resources in 2009; and a further 5.5% in “the sustainability of a readily and new suppliers) applying a competition – only to be 2013, accessible legal market could be to the wider procurement notified that the competition c) Increased cost pressures severely hampered by further market.” has been withdrawn. “Firms, relative to income, which reductions in State expenditure. The Society expresses for fear of compromising future has placed further pressure “The social function of the view that it is likely that competitions, are reluctant to on the viability of practices, legal advice at a local level turnover is lower in relation complain or seek a review,” the d) Successive reductions in (particularly in non-urban to legal services. It has asked Society says. 12 NEWS law society gazette www.gazette.ie Jan/Feb 2015
FOCUS ON MEMBER SERVICES Spotlight on the future of the profession the fact that lawyers are currently working within set Exceptional jurisdictions – an outdated approach in his opinion, given cover for the technological developments that allow the practice of law €50 a year to have a much wider scope Over the past ten years, more than the traditional, geocentric than 60 solicitors’ families model recognised by legal have received upwards of regulation. €3.5 million between them in Alan Paterson examined payments from the Group Life the potential difficulties in Assurance Scheme. the regulation of the legal All current practising profession in the future. He certificate holders under the age looked at the development of of 70, with a few exceptions, alternative business services, are members of the scheme. such as outsourced e-discovery, The premium – which in 2014 online personal injury and was€50 – is included in the family legal services, as well practising certificate fee. as multidisciplinary practices. The scheme is operated The potential for cost- and-efficiency benefits was by Generali PanEurope and Prof Stephen Gillers: ‘Lawyers should use technological developments to break out provides cover of €58,000. of the traditional geocentric model recognised by legal regulation’ weighed against the potential A health declaration is not for injustice and a lack of normally required, although the The Hibernian Law Journal John Flood (McCann FitzGerald accountability. insurers reserve their rights to examined the topic of ‘The Chair of International Law and This area was further request this. future of the legal profession’ Business, UCD). The event explored by John Flood, who If you are a solicitor in the in its annual lecture held on 25 was chaired by Mr Justice drew a distinction between the full-time service of the State and November. Michael Peart and sponsored by output and input of lawyers and therefore exempt from holding Speakers were Prof Stephen Eversheds. legal services. Technological a practising certificate, or a Gillers (Elihu Root Professor Broadly, the talks centred on developments have led to an judge or county registrar, you of Law at NYU), Prof Alan the effect of technology on the evolution in the ‘output’ of a may apply to join the scheme. Of Paterson (University of legal profession, ethical practice, lawyer. Where the profession course, you must be a member Strathclyde and Law Society the new legal services market was traditionally holistic, the of the Law Society and pay the of Scotland), Ken Murphy and the globalisation of law. diffusion of elements of a premium of €50. (director general) and Prof Stephen Gillers addressed lawyer’s work could save time During the practising renewal and cost, he said. He noted period, the scheme allows the wider change in large for ‘days of grace’ for those A&L – A1 for M&A businesses and the growth of covered by the scheme on 31 in-house legal services. Flood December of the previous year. A&L Goodbody has been named the argued, however, that our For example, in 2014 the ‘days top Irish law firm for mergers and current legal education system of grace’ ran from 1 January to acquisitions in 2014 by Thomson – the ‘input’ – was out of sync 1 February and covered all who Reuters, Bloomberg, Mergermarket with this reality, with the risk were members of the scheme on and Experian Corpfin. that lawyers were unprepared 31 December 2013. The firm instructed on more for the future. In the event of the death of a M&A deals in 2014 than any other The three talks were scheme member, any payout will Irish law firm – following a similar analysed by Ken Murphy from form an asset in the deceased’s ranking achieved in 2012 and the Law Society’s perspective. estate. One of the few conditions 2013. He gave an overview of the of the scheme is that the insured Mark Ward, head of M&A at A&L, changes he had seen in his time must be less than 70 years of says: “To achieve this ranking three with the Society and gave an age at their date of death. years running is a first in the Irish insight into how professional If you would like to find out legal market. It demonstrates both bodies around the world were more about the scheme or to the strength of our brand and our engaging with the evolution of make a claim, contact Yvonne unique ability to collaborate across the legal profession. Burke at 01 672 4901 or email our business on the type of large, The Hibernian Law Journal [email protected]. complex deals that dominated the is now in its 15th year and will M&A market in 2014.” publish in July. law society gazette www.gazette.ie Jan/Feb 2015 NEWS 13
Law School proudly flies THERE’S AN APP FOR THAT the Irish flag in Florence Come together
APP: ONEDRIVE PRICE: FREE
OneDrive – the app formerly based and, therefore, all of the known as SkyDrive – is a free documentation produced in app for iPad and is my new best our office are Microsoft Word friend, writes Dorothy Walsh. documents, Excel spreadsheets, It’s Microsoft’s cloud storage and so on. When I receive and synchronization solution. So, an email or open a Dropbox another Dropbox or iCloud, yeah? document with a Word document Why would you download yet attached, I generally opened it another such app? as a Pages document, worked Well, there are a few reasons. on it and emailed it back to the First, OneDrive gives a lot of us office, having converted it back (notwithstanding our love for to a Word document. There can all things Apple) what we really sometimes be compatibility issues want – and that is an app on our for the recipient if they are not iPads that allows us to work with using an Apple device to view and Microsoft Word documents, Excel edit the document. This is cut out, spreadsheets and PowerPoint obviously, by having a Microsoft Robert Lowney, Mayte Martin (NELLIP), Maura Butler and Alan Bruce (NELLIP) presentations as though we were app on the iPad that allows the at the Florence conference working on a PC. Microsoft Word document to be While iCloud is great for all opened and edited in its natural In 2012, the Law Society’s Legal make a presentation on the Law things Apple, most of us have format. Practice Irish course was awarded Society’s course at a conference Windows PCs in our offices, What I really find great about the European Language Label in Florence on 13 November. and iCloud will not store such OneDrive is that, when I am by the European Commission. At the seventh international documents for us, let alone let us working on a document or a file As a result, the course was added conference ICT for Language access, edit or share them. in the office, I can store it on the to a list of best-practice training Learning, Maura and Robert Finally, while the likes of PC and share it with the OneDrive projects on the commission’s shared their development of Dropbox is great, it’s basically a folder in a couple of clicks. I eJustice website. Irish language training in a storage box for documents and can access that document, file In 2014, the Network of paper entitled ‘Multidisciplinary files. It doesn’t have a productivity or folder from my iPad straight, European Language Labelled language education with ICT for feature – OneDrive does and it without conversion. OneDrive Initiatives selected relevant vocational training’. works really well. offers approximately 15GB of language-learning programmes Teachers, researchers, Much as I love Apple’s Pages free cloud storage, but additional that align with the current practitioners and project app, there’s a little bit of ‘open storage can be purchased. political priorities of the managers from all over the world in another app’, clicking, tapping OneDrive can be downloaded to commission in the field of shared their findings, expertise and converting documents before your office PC or to any other PC language learning. Maura and experience in integrating they can be edited and sent on to you work on and can be accessed Butler (course manager) innovative technologies and other recipients. from any other device, such as and Robert Lowney (course solutions with language-teaching Our office PCs are all Windows- your iPad. administrator) were invited to and learning.
Companies Act 2014 seminar sell-out Due to overwhelming demand, a Blu, St Helen’s, Stillorgan, Co second date for the Bloomsbury Dublin. Professional Companies To avoid disappointment, book Act 2014 seminar has been your place by emailing: jennifer. arranged. This will take place on [email protected] or 5 March 2015 in the Radisson call 01 637 3920. 14 PEOPLE law society gazette www.gazette.ie Jan/Feb 2015 PIC: JOE HANLEY
The Kerry Law Society recently held its annual dinner in Ballyroe Heights Hotel, Tralee. Special guests included Mr Justice Carol Moran (High Court), Mr Justice Ray Fullam and Judge James O’Connor General cluster in Cork
Dr Gabriel Brennan (Law Society eConveyancing senior advisor and Law School course manager) recently celebrated At the Cork Cluster event, organised by the Law Society on 14 November 2014 were (from l to r): Richard the publication of her book, The Impact of Hammond (Hammond Good Solicitors, Mallow), Joan Byrne (Mullins Lynch Byrne, Cork), Michael McGrath BL, eConveyancing on Title Registration: A Risk Attracta O’Regan (head of Law Society Professional Training), Paul Keane (Reddy Charlton Solicitors, Dublin), Assessment Kevin O’Higgins (Law Society President, Anthony Coomey (PJ O’Driscoll’s, Bandon), Katherine Kane (Law Society Skillnet), Sandra Meade (O’Hanlon Tax Ltd), Barry MacCarthy (MacCarthy Solicitors, Charleville) law society gazette www.gazette.ie Jan/Feb 2015 PEOPLE 15
Celebrated BBC correspondent shares his experiences PIC: LENSMEN It was a case of Despatches from Attended by over 200 the Barricades, Days from a people, the evening was a Different World and questions wonderful opportunity to hear about Unreliable Sources about Mr Simpson’s extensive that drew a huge crowd to career as a journalist for the Blackhall Place on 22 January, BBC. to hear celebrated journalist Currently world affairs John Simpson, recount his editor at the BBC, Mr experiences in the world’s war Simpson has reported from zones. more than 125 countries, Mr Simpson was welcomed including 41 active war zones, to the Law Society by President and has interviewed some of Kevin O’Higgins. All proceeds the world’s most famous and from the event – a total of John Simpson (World Affairs Editor at the BBC) was the special guest at an controversial leaders, including €4,000 – went to Irish Rule of ‘Evening with John Simpson’ at Blackhall Place on 22 January, where he was Osama Bin Laden, Saddam Law International. interviewed by RTÉ Richard Downes Hussein and Colonel Gaddafi. PIC: LENSMEN
John Simpson (world affairs editor at the BBC) was the special guest of the Law Society on 22 January. (Front, l to r): David Barniville SC (chairman, Bar Council), Richard Downes (RTÉ), Kevin O’Higgins (Law Society president), John Simpson and Michael Irvine (past-president). (Back, l to r): Brendan MacMahon, Irene Mac Mahon, Emma Dwyer (Irish Rule of Law), Ken Murphy (director general), Michael Collins SC, Mary Keane (deputy director general), Mairead O’Driscoll, Cillian MacDomhnaill and John D Shaw (past-president)
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Winner: Irish Law Awards – “Mediation, Arbitration Winner: Corporate Intl Magazine Global – & Dispute Resolution Lawyer of the Year 2013” Property Law Firm of the Year in Ireland 2014 “Winner: Acquisition International Magazine – Winner: Acquisition International Magazine – Arbitration Law Firm of the Year 2013” & Trademark Law Firm of the Year 2013 & “Mediator of the Year, 2012.” Arbitration Law Firm of the Year 2013. 16 PEOPLE law society gazette www.gazette.ie Jan/Feb 2015
Master of brevity: Judge O’Brien calls time on bench PIC: MICHAEL O’ROURKE
Judge Eamon O’Brien (centre) with legal practitioners and members of the Carlow Court Service, Probation Service and gardaí on his final day in Carlow’s court
Judge Eamon O’Brien has retired Judge O’Brien was one who and courtesy to all in court”. O’Brien commented: “I was as a judge of the District Court. followed his own advice and was “We could never accuse you only a short time here – we were His last-ever court sitting took celebrated for his swift approach of dilly-dallying! The first day only getting used to each other, place at Carlow District Court in getting through a day’s court I stood before you in court, I but here we are. You have to be on 21 January 2015. “It has been list. could hardly catch my breath,” philosophical about these things an honour to serve the people of Supt Gerry Redmond spoke he joked. and I thank you all for your good Carlow,” Judge O’Brien declared, of Judge O’Brien’s “kindness Addressing the court, Judge wishes.” as he called time on his career on the bench. Judge O’Brien qualified as both a solicitor and barrister and was a Council member Acting with a clear conscience of the Law Society. Prior to his elevation to the bench, he served as coroner in Limerick for 15 years, going on to serve as District Court judge on the Southwest Circuit. Judge O’Brien took up the position of Carlow’s District Court judge in December 2012, bringing his own practical, prompt approach to the business of administering justice. During his time on the bench in Limerick, the Limerick Post reported on 27 September 2011 that, after handling 115 applications at Limerick District Court as part of the annual The Law School hosted a highly successful lecture recently titled, ‘Conscience, professionalism and the law’ as part licensing court sitting, Judge of the President of Ireland’s Ethics Initiative. The lecture was run in collaboration with the UCD School of Philosophy. O’Brien called on Limerick (From l to r): Michelle Nolan (Law Society Skillnet), Brian McAufield (Assistant Secretary to the President of Ireland), solicitors to adhere to the Dr Christopher Cowley (UCD School of Philosophy), Dr Kimberley Brownlee (guest lecturer), Ken Murphy (director sentiment that “brevity is one of general), Attracta O’Regan (head of Law Society Skillnet), Antoinette Moriarty (student counselling service manager) the fine arts in court”! law society gazette www.gazette.ie Jan/Feb 2015 PEOPLE 17
I want to move it, move it! Top marks as charities reap Revolution rewards PIC: GARRETT FITZGERALD PHOTOGRAPHY
Waterford Law Society (WLS) St Vincent de Paul), and Frank Halley held a hugely popular table quiz (secretary, WLS). at Revolution Bar, John Street, The new officers in charge of Waterford, recently. The quizmaster Waterford Law Society have a hard was the redoubtable ‘Flash’ Gordon, act to follow, as the outgoing team proprietor of the pub. Over 40 have had a very busy run of events New Year resolutions might have them to continue to develop solicitors attended, and this looks in 2015. Other social highlights in come and gone – but one that specific programmes in Calcutta like becoming an annual event. 2014 included the summer barbecue should still be at the top of your and Dublin. The beneficiaries were St Luke’s at Dunmore East and the autumn list is to take part in this year’s The Peter McVerry Trust Conference of St Vincent de Paul event in Mother McHugh’s pub in Calcutta Run, which takes place recently announced the opening (Tramore), South East Simon Fenor. on Saturday 16 May. of two new homeless services Community, and Waterford Lismore Stepping up to the plate is the To help you get started, in Dublin and Kildare. These Lourdes Diocesan Hospitality. Among new president Nicholas Walsh (HD the Calcutta Run committee are providing 50 badly-needed those attending the presentations Keane & Co), who will serve a two- has joined forced with double beds for people experiencing were (from l to r): Jim Hally (then year term, Frank Halley (secretary) European cross-country homelessness. president of WLS), Rosa Eivers and Nicola Walsh (treasurer). The champion and two-time Both the 5k and 10k courses (treasurer, WLS), Dennis Douglas outgoing president Jim Halley and all Olympian Fionnuala Britton start and finish at Blackhall Place, (president, St Luke’s Conference of Waterford solicitors wish them well. to deliver an exclusive eight-week Dublin 7, and wend their way training plan for the Calcutta through the beautiful Phoenix Run 2015. As well as offering two Park. As a reward for all that hard training schedules for both the 5k work, participants will be invited Suicide awareness night and 10k events, Fionnuala will be to relax and enjoy a BBQ and bar offering advice each week to help on the grounds of Blackhall Place participants to get to that starting and to enjoy a family fun day. line on 16 May. There are many ways you can The organising committee is support the Calcutta Run – by asking you to recruit colleagues, becoming a ‘Supporter Firm’ family and friends (even your or putting together a team for dog) to join in the 5k and 10k the ‘DX Team Challenge’, so no walk or run (the choice is yours) excuses! For those with enough on the big day. energy left in the tank after the Last year, over 1,100 runners event, they can hit a club for the and walkers pounded the after-party party! pavements to raise an amazing The ambition this year is to see Ernest J Cantillon Solicitors held a very successful fundraiser in aid of €180,000 for the homeless more runners enjoying this great Suicide Aware in the Sugar Cube, Cork, on 11 December 2014, when charity projects run by GOAL day out and raising more funds over €3,500 was raised for the charity. Lyndy Cantillon explains the firm’s and the Peter McVerry Trust to reach our target of €180,000 reason for choosing Suicide Aware: “It’s a Cork-based charity and is a (a housing and homeless for the nominated charities. Visit cause that, unfortunately, is close to everybody’s heart. There was fantastic support from the Cork Bar and the Southern Law Association, as well as charity). Since its inception 17 the Calcutta Run website today from local radio station Red FM.” Looking sweet in the Sugar Cube were years ago, the Calcutta Run has to sign up and join in the training (from l to r): Jody Cantillon (Comyn Kelleher Tobin) and Anne Wallace, raised over €3 million for its programme: www.calcuttarun. Sinead Carroll and Lyndy Cantillon (all Ernest J Cantillon, solicitors). nominated charities, allowing com. 18 COMMENT law society gazette www.gazette.ie Jan/Feb 2015 viewpoint HERE COME THE GALS
It is vital that the role, independence and funding of the guardian ad litem service are safeguarded from interference, argues Colm Roberts
n RTÉ news item recently raised by the Child and Family Agency (CFA) or As matters stand, anyone can be a concern on the failure of some ‘Tusla’ (as it now prefers to be called). appointed as a guardian ad litem, though Aguardians ad litem (GALs) not having Section 26 of the Child Care Act generally speaking, the courts are careful proper garda vetting. The journalist further authorises the court to appoint a guardian to ensure that the guardian ad litem does identified the failure of any individual body ad litem for a child if it is satisfied that satisfy the Children Acts Advisory Board taking responsibility for the regulation it is necessary and in the interests of the (CAAB) guidelines of 2009 (see Giving A of the guardian ad litem service. It was child, and of justice, to do so. Voice to Children’s Wishes, Feelings and Colm Roberts is stated that the Courts Service would be Further, section 26(2) states that Interests, May 2009). The CAAB guidelines a solicitor at the taking over, temporarily, the responsibility costs incurred by that person acting as a are a useful template, but regrettably, they Law Centre, Pope’s to furnish a list to the judiciary confirming guardian ad litem should be paid by the do contain some significant discrepancies
Quay, Cork which guardians ad litem had garda vetting. Child and Family Agency and, further, the (see pages 15 and 16) which require PIC:
I would suggest that the problem is Child and Family Agency may apply to the revision. Regardless, they are only of an iSTOCK much deeper and wider than guardians ad court to have the amount of such costs or advisory nature and are not legally binding. litem not having garda vetting. The purpose expenses measured or taxed by the court. In the District Court decision referred of this article is to attempt to identify the The act, however, is silent on several to above, the judge addressed some of the issues that need to be addressed, so that a important matters, including: identified gaps. He said it appeared to the properly funded, independent, accountable • Who can act as a GAL? court that a GAL could be described as guardian ad litem service can be finally • The circumstances in which the court a person appointed by the court who “is established and regulated by an appropriate should consider appointing a GAL, independent of the parents and the Child authority. • The role of a GAL, and Family Agency, who establishes and It is well established by section 3(2)(b) • The limitations of a promotes the wishes, of the Child Care Act 1991 and commonly GAL’s evidence, feelings and interests stated that the interests and welfare of • Whether a GAL should The GAL service of the child, insofar as the child are the first and paramount attend court, must be vigilant is practicable, having considerations in child-care proceedings. • Whether a GAL can or regard to the child’s It is for the courts to determine this and, should give evidence, that the service is age and understanding, further, to ensure that the principle is not • If the GAL is to give not perceived as a and who expresses a hijacked to the detriment of the rules of law evidence, at what professional view as to ‘rubber stamp for the and fair procedures. stage he/she should do what is in the child’s No party or person has exclusive so? Child and Family best interests and ownership of this principle, and it is my • Whether a GAL can welfare, and presents experience that unnecessary conflict is have, or is entitled to Agency this to the court with often caused in these disputes by parties or legal advice or legal recommendations and persons using clumsy or incorrect language representation, and advice as to what should happen the child.” in order to claim ownership of this term, • If entitled to legal representation, in I endorse this definition and hope that it in order to avoid properly establishing the what circumstances? will get’ statutory acknowledgement in the facts or to change the narrative. near future. In the majority of cases, in my experience, The judge continued: “If one accepts GAL trouble the GAL is of great assistance to the this definition as the role of the guardian In a recent decision of the District Court, court and brings a rigour, independence ad litem, then it would appear that the reported widely in the national press and and expertise that would not be available entitlement of the guardian ad litem to reported in detail in the Child Care Law otherwise. cross-examine is more limited than may be Reporting Project, a District Court judge, in operating in practice in many child care outlining the basis of his decision, gave a Irregular practices cases before the District Court.” most helpful and comprehensive outline of The concern is that, due to the lack of He further stated that the guardian ad the law in this area. guidelines and regulations, practices litem should not become involved in the The judge raised concerns on the role of have arisen in an ad hoc and inconsistent adversarial nature of the determination of the guardian ad litem, the importance of manner – without any legislative basis – disputed facts. its independence being preserved, and also which in some courts are being accepted He added that the most appropriate raised a flag about possible interference as lawful. occasion for the guardian ad litem to ask law society gazette www.gazette.ie Jan/Feb 2015 COMMENT 19 PIC: iSTOCK PIC: WIKIMEDIA COMMONS such questions would be at the by the GAL acting independently and conclusion of the examination- also being perceived as such. in-chief, and before the cross- The court also referred to section examination of the witness. 26(2) and a letter from Gordon Jeyes (chief executive of the CFA) and Rocket Raccoon: putting the ‘guardian’ in ad litem Independent GALs commented as follows: “Any effort by The judge said it was essential the agency to fix costs of guardians and private law proceedings – in the considered, so as not to undermine to the proper working of the GAL ad litem is not in accordance with near future. the existing rules of evidence and the system that the guardian ensured the the legislation and could be seen With that in mind, the Government administration of justice. independence of their role in their to represent an undermining of the should publish clear guidelines to An independent authority needs interactions with the parties and independent role of guardians ad the judiciary, setting out: to be set up immediately that would other witnesses. litem by the Child and Family Agency • The circumstances in which a have responsibility for ensuring In that decision, the court seeking to exercise a financial control guardian ad litem should be the qualifications of the guardians emphasised the importance of the in relation to guardians ad litem that appointed, ad litem, their ongoing education, GAL’s role in advising the court, but it does not have in law.” • The role of the guardian ad litem professional standards and their equally stated that it was the role of Because the CFA is currently and the limitations of same, payment. the court to make decisions, and not financially responsible for the GALs • The format of their report, and Such an authority should also the GAL. It also reminded the GAL it remuneration, there is a perception when and to whom it can be be empowered to consider and was not the role of the GAL to prove by some in the CFA that they are released, determine complaints against any the case in child-care proceedings, entitled to complain against a GAL if • The circumstances in which a GAL, whether of bias, prejudice, as that was solely the responsibility he or she expresses a view contrary guardian ad litem is entitled to discourtesy or otherwise, by of the CFA. to theirs. This perception, though legal advice, any interested stakeholder. Its He continued: “The court not acceptable, is inevitable without • The circumstances in which a relationship with the courts and cannot stress strongly enough the greater clarity and change. As long guardian ad litem may be entitled other institutions, such as the importance of the independence as this ad hoc disorganised and to legal representation, and Ombudsman, should also be clearly of the guardian being safeguarded. inconsistent service continues, the • Whether the guardian ad litem set out. The guardian must be seen to be benefit and the importance of the should participate in proceedings, As matters stand, it is up to the independent of the Child and Family GAL service will be undermined. or whether he/she should just judiciary and the Courts Service to Agency and of the parents.” provide a report. address all these issues – but without Further, the GAL service must GAL guidelines the manpower or time to do so. It is be vigilant that the service is not It is likely that some mechanisms will How the role of the guardian ad time we stopped making it up as we perceived as a rubber stamp for the have to be put in place in relation litem role can be accommodated go along and coordinate the various CFA. This is a complaint often made to identifying and articulating the within the adversarial nature of voices into a clearly and it can only be properly rebutted wishes of children – both in public these proceedings also needs to be understood chorus. 20 ANALYSIS law society gazette www.gazette.ie Jan/Feb 2015 news in depth PROFESSION’S PERFECT PARITY
It’s 92 years since Ireland’s first woman solicitor was admitted and, in 2015, there is, for the first time, a female majority in the profession. Teri Kelly takes stock
uietly, and without much fanfare, women to hold public office in Ireland or that, from 1923-1953, only 107 women a major landmark for the solicitors’ Great Britain. Frost brought her case to had been admitted to the solicitors’ Q profession was passed at the end the High Court and the Court of Appeal, profession and remarked: “The number, of 2014. For the first time, the number before eventually finding satisfaction however, is increasing, although in of female practising certificate holders at the House of Lords. She was finally proportions still too small to cause alarm exceeds their male counterparts. To our named clerk of the petty sessions for the to the advocates of male predominance in knowledge, this is the first time a female district of Sixmilebridge and Newmarket- the profession.” Teri Kelly is the Law majority has existed in any legal profession on-Fergus in 1920. The number of women slowly started to Society’s director of anywhere in the world. During the First World War, women climb in the 1960s. In 1960, no female representation and The fact that there are now 4,623 female fulfilled many of the jobs previously solicitors were admitted to the role, and member services practising solicitors (compared with 4,609 held by men who were away fighting only 39 female solicitors were admitted male practising solicitors) is a remarkable at the front. The experience shifted over the entire decade. In contrast, 273 achievement. It is even more incredible public opinion towards the belief that men were admitted during this period. when we consider that the first female women could fulfil a variety of roles in The women’s movement and the solicitor in Ireland was not admitted to the society, and led to the publication of the expansion of higher education through roll of solicitors until 1923. Barristers and Solicitors (Qualification the 1970s and 1980s served to drive Until that time, there of Women) Bill 1919. That up the number of women entering the had been no law expressly The English bill evolved into the Sex profession. From the mid 1990s, the prohibiting women from Disqualification (Removal) number of women entering the profession working as lawyers – it Law Society Act, which also gave equal started to exceed men, and it has been was merely accepted successfully access to voting, public expected for some time that, eventually, custom that women were functions, jury service and women would become the majority. considered unfit for the argued that a civil posts to both sexes. Other professions not traditionally work. In fact, the Solicitors woman‘ was The act became law regarded as careers for women have seen Act 1843 provided that any in Britain and Ireland in a similar move towards equality, though ‘person’ with the required not a ‘person’, 1919 and finally recognised not to the same extent as the solicitors’ qualifications was entitled relying on the women as ‘persons’, profession. Chartered Accountants Ireland to train as a solicitor. enabling Frost’s petty reports that 39% of its members are However, when a few brave long-established sessions clerk appointment – female. The Medical Council of Ireland women did apply to sit the common law and all the appointments of states that 41.3% of doctors are female. solicitors’ examinations or women that came after her. But does it matter? Will the fact that become a member of the principle that no there is now a female majority in the Bar, their application was woman should Proud Mary profession change it in any way? invariably dismissed. Mary Dorothea Heron was “I don’t think it changes a thing,” hold a public admitted as Ireland’s first says director general Ken Murphy. Step by step office woman solicitor in 1923. “Lady Justice is blind, and all are equal Gwyneth Bebb and three Heron worked at her uncle’s before the law. Being a solicitor takes other women (Karin Costeloe, Maud Ingram firm in Belfast until 1946, mainly doing intelligence, determination and hard and Lucy Nettlefold) took a step further probate work. This was not unusual. work – gender doesn’t come into it, nor when, in 1913, they brought a case to There’ was a perception in these early should it. However, I do think this current compel the English Law Society to permit years that women solicitors were largely balance is something we can be proud of them to sit the solicitors’ exams. The engaged as assistants in conveyancing – that within 90-odd years, women have society successfully argued that a woman or probate work. In fact, many of moved from being excluded from our was not a ‘person’, relying on the long- these women did not hold practising profession to a point of perfect equality.” established common law principle that no certificates, which was a convention woman should hold a public office, and the permitted by the Law Society at the time. You’ve come a long way baby action failed. The number of women solicitors was Women currently dominate the State’s It was an Irish woman, Georgina Frost, of very small from the 1920s through to senior appointments in law and justice. Sixmilebridge, Co Clare, who was the first the 1950s. Eric A Plunkett (secretary to Last year saw the appointment of the to successfully challenge the prohibition of the Law Society from 1942-1973) noted first female Garda Commissioner, law society gazette www.gazette.ie Jan/Feb 2015 ANALYSIS 21
NUMBERS OF FEMALES AND MALES WITH PRACTISING CERTIFICATES SINCE 1925
4,623 4,609
2014 3,924 4,402 997
2
3,960 2010 1925 1,023 3,053
9 2005 1930
3,386 1,393 2,141
27 2000 1940
2,593 1,330
946 44 1990 1950 1,791 1,273
359 62 1980 1960
This is the first time a female 1,278
majority has existed in any legal 71 profession anywhere in the world 1970 GRAPHIC: MAEVEKELLY.COM ‘ SOURCE: LAW SOCIETY OF IRELAND Nóirín O’Sullivan, and the third to see so many women achieving she says. “With the benefit of women are now the majority of the female Minister for Justice, Frances such success,”’ she says. “However, higher education, travel and a solicitors’ profession, she did not Fitzgerald. These appointments I don’t know if having a female wider range of work experiences, want the issue to in any way divide can be added to the first woman majority in the profession will today’s young Irish female solicitors: “The legal profession is Chief Justice of the Supreme Court, change it in any way – I haven’t solicitor is confident, highly going through a rough time,” she Susan Denham; the first woman noticed any changes yet.” ambitious, and less concerned said. “Focusing on men and women Director of Public Prosecutions, Norma O’Sullivan, who qualified about stereotypes or obstacles, is a waste of time. We are all lawyers. Claire Loftus; the first woman Chief in 2013 and is a solicitor with with career progression being very What we need is a State Solicitor, Eileen Creedon; and KPMG Legal Services, is grateful much her focus.” united profession.” the first woman Attorney General, for the women who have so capably The first female president of Máire Whelan. forged a path for her and other the Law Society, Moya Quinlan The author wishes to thank Mary Geraldine Kelly (Geraldine young female solicitors: “There (1980/81), who qualified in 1946, Redmond for her chapter, ‘The Kelly & Co, Solicitors) and former have been several high-profile has said that women lawyers are emergence of women in the president of the Dublin Solicitors’ women in the legal profession “lawyers who just happen to be solicitors’ profession in Ireland,’ in Bar Association, qualified in 1988 who have set a high bar for young women”. She says the fact that The Law Society of Ireland, 1852- and has witnessed the rise of female law graduates, giving us she is a woman has not made her 2002, edited by Eamon G Hall and women first-hand. “It makes me the inspiration and confidence to experience as a lawyer any different Daire Hogan, which heavily informs very proud, as a female solicitor, refuse to be restrained by gender,” than a man’s. When told that the historical analysis in this article. 22 ANALYSIS law society gazette www.gazette.ie Jan/Feb 2015
news in depth DISTRICT COURT AIRS CHILD CARE CONCERNS
District Court judges have criticised the failure of certain State agencies to follow up on matters of concern in child care cases. Carol Coulter reports
ecent child-care cases have again • The jurisprudence of the European birth in a local hospital. Following the shown a wide variation in the Court of Human Rights on the rights receipt of documentation from the other Rreasons why the Child and Family of the family, jurisdiction, the gardaí invoked section Agency (CFA) seeks orders protecting • The interpretation of the child care 12 of the Childcare Act at the hospital children – either by taking them into care legislation, and delivered the child into the custody or with supervision orders. • The thresholds required for the of the HSE the day after her birth. An Among the cases reported on the making of different levels of care emergency care order was granted by the Carol Coulter is website of the Child Care Law Reporting order, local District Court on the same day. director of the Child Project were the return of two children to • The admissibility of evidence, and The parents got married a month Care Law Reporting their parents after respectively spending • The role of guardians ad litem in child before the birth of the second child (the Project five and three years in care since birth, care cases. fourth born to the mother) two years and care orders for children who escaped later, who was taken into care under an from the home in which their mother was The judge directed the CFA to carry out emergency care order six days after birth. keeping them and not allowing them to an internal independent investigation The parents had supervised access with attend school. into its handling of the case, both children and the judge said that, The cases reveal a wide describing the delay as from the evidence given to the court, the variation in the reasons The judge “inordinate, inexcusable and access had been positive. behind orders sought directed entirely unacceptable”. He by the CEA to protect also directed the guardian Right to a fair hearing children, either by taking the CFA to carry ad litem (GAL) to write to The judge said the failure of the them into care or with out an internal HIQA and the Ombudsman CFA to call evidence from the other supervision orders. These independent‘ for Children, notifying them jurisdiction relating to serious allegations range from drug or alcohol of the delays and asking against the parents was fundamental addiction on the part of investigation that they consider exercising to his determination of the case. He parents leading to neglect, into its handling their statutory powers to said that to decide the case in the to serious behavioural or carry out an investigation absence of hearing evidence from the health problems on the of the case, into them. other jurisdiction would violate the part of the children, and describing The case concerned two respondents’ constitutional right to a fair a small number of cases children (in a family of four hearing. It was for the CFA to prove its of abuse. The cases also the delay as siblings) born in Ireland, case, and it had failed to do so by not demonstrate the role of ‘inordinate, the first one days after their calling sufficient evidence. the courts in laying down parents arrived here from “Reasonable concern or suspicion guidelines for the conduct inexcusable another jurisdiction. the is not sufficient to enable this court to of child care cases. and entirely second two years later. The make care orders. This court only makes mother’s two older children care orders on the basis of proved facts,” Judicial criticism unacceptable’ had been taken into care he said. In the case where the following evidence that the He also directed the CFA to carry out court refused care orders for children older child had been sexually abused. an enquiry as to why the EU provisions who had been in interim care for five The parents denied any involvement in allowing for the transfer of a family and three years respectively, granting the abuse,’ and no perpetrator was ever law case to the jurisdiction that is the a supervision order instead, the judge identified. However, they were informed habitual residence of the family was delivered a 40-page judgment dealing by social workers in the other jurisdiction not used in this case. He said it was with such issues as: that the third, unborn child would be clear that the other jurisdiction was • The background to the case, taken into care at birth. the habitual residence of the parents, • The constitutional position of the The parents then fled to Ireland and, who were the holders of parental family and the child, almost immediately, the mother gave responsibility for the child. law society gazette www.gazette.ie Jan/Feb 2015 ANALYSIS 23 PIC: iSTOCK
Referring to the parents, he The case concerned three a few things they had: money, was informed that her children were said: “The court cannot condone children in their early and mid- an iPad, a book from the library being taken off the home-schooling such actions as were taken by the teens who had escaped from a on bullying, a phone number for register. She was told to put them respondents in this case. As a house in which they were kept by fostering services, a number for into a recognised school, but this result of the outcome of this case, their mother and not allowed out, the Samaritans. They spoke about never happened. However, this was the respondents may be of the including to attend school. An older testing the plan when their mum not followed up. The court granted opinion that ‘the end justifies the sister had previously left home. had gone out,” the social worker care orders until the children means’. This court wishes to inform They had experienced emotional said. were 18. the respondents in the strongest and physical abuse and neglect, The court was told of concerns in There are now reports from possible terms that it strongly and there were also allegations of 1999 about a burn on the second almost 200 cases on the CCLRP disapproves of the reasons they sexual abuse against their mother. child, which had not been attended website, www.childlawproject.ie, moved to Ireland.” The court was told their father, who to, and concerns in 2001 about and there is also a growing number seldom visited the house, had failed the children’s school attendance. of considered written judgments Failure to follow up to be a protective factor and did An educational welfare officer told on chil-care cases published on In another case, a different judge not propose that the children live the court that the parents had been the Courts Service website. It is to said he would allow an application with him. before court 16 times before 2000 be hoped that, together, these will from the guardian ad litem to The second child told social for the non-school attendance of her assist all the professionals involved have a question referred to the workers the children had made an daughters. The mother said she was in developing consistency and best Ombudsman for Children relating escape plan. “They used a ladder home-schooling them. practice in bringing child care to why concerns that were known that they had moved. The side gate By 2009, although registered, applications that are timely as long ago as 1999 were not was locked as their [older] sister the mother had failed to comply and appropriate to each followed up. had got out that way. They brought with the assessment process and family’s circumstances. 24 ???????????????COVER STORY law society gazette www.gazette.ie Jan/Feb 2015
A matter of life and DEATH On 26 December, the High Court permitted doctors to withdraw life support from a 26-year-old pregnant woman, leading to the inevitable death of her unborn child. Michaela Herron and Kevin Power analyse this daunting case
P was 15 weeks pregnant when she was declared clinically dead on 3 December 2014 in a Dublin hospital. She had been placed on life support due to the presence of a foetal heartbeat. Her father, PP, did not PIC: PAUL SHERWOOD support the regional hospital’s intention to maintain life support in an attempt to attain foetal viability. He issued plenaryN proceedings against the Health Service Executive on 19 December, Michaela Herron asking the court to rely on its inherent jurisdiction to permit withdrawal of is a solicitor with care. Independent legal representation was appointed for the unborn child the Clinical and for NP. In view of the importance of the matters raised, the court sat as a Litigation Unit of divisional court for the hearing on 23/24 December. at a glance the State Claims Agency Maternal condition n The legal rationale behind the PP Readers are advised that they may find the following details distressing. v HSE judgment was that article Seven consultants (both treating doctors and expert witnesses) gave evidence, 40.3.3 applies and that the rights including obstetricians, neurologists, neurosurgeons and intensivists. of the unborn, who is living, must NP met the criteria for brain death. In evidence that the court described prevail over the rights of the mother as ‘devastating’, Dr Colreavy, NP’s treating intensivist, described the extent n However, in determining how far of her condition. Her eyes were so swollen that her eyelids wouldn’t close. they should go to vindicate the A hole in her skull (from surgery attempted to reduce pressure in her brain) unborn’s rights, the court must was leaking brain tissue. There was fungal growth at the site of the hole and enquire as to the practicality and Dr Kevin Power pus at a drain site. She had total body oedema (puffiness). Serious infection utility of continuing life-support is a solicitor and was inevitable. There was evidence of cardiovascular instability with an measures and, in particular, former practising attendant risk to placental perfusion. Uterine temperature was elevated. She whether there is a realistic medical doctor. was receiving high doses of multiple drugs (many not licensed in pregnancy) prospect that the unborn will be He joins the to maintain somatic support and prevent infection. The treating obstetrician born alive Healthcare Unit described the brain as ‘liquefying’ and pouring toxins into the bloodstream. n The unborn’s right to life is to be of Mason, Hayes He described her as having “all the signs of the perfect storm and it does not assessed by reference to its best & Curran as seem to be improving”. interests a partner in n In this case, as there was no February Prospect of foetal survival realistic prospect of the unborn The uncontradicted medical evidence demonstrated there was no reasonable being born alive, in its best prospect that the unborn child would be born alive. Experts were particularly interests, somatic support should influenced by the gestational age at which brain death had occurred be withdrawn law society gazette www.gazette.ie Jan/Feb 2015 ???????????????COVER STORY 25
A matter of life and PIC: i STOCVK PIC: i STOCK
(accepted as 15 weeks). The medical evidence to in the judgment as ‘the Heidelberg study’), perspective’, while the authors considered suggested that maternal brain death prior to two foetuses (out of seven where maternal maintenance of somatic support futile where 16/17 weeks gestation was associated with a death occurred before 17 weeks) were born death occurs at less than 16 weeks gestation, very low (though not negligible) prospect for alive (although one died within 30 days of they accepted that this was an ‘arbitrary cut- foetal survival. In German research (referred delivery). In ‘Maternal brain death – an Irish off point’. 26 COVER STORY law society gazette www.gazette.ie Jan/Feb 2015
Expert obstetricians Boylan and McKenna was not influenced by any consideration that seen as acknowledging, in simple terms, argued that, if somatic support were to be the unborn may be born alive, but impaired, the right to life of the unborn, which the maintained, delivery would be appropriate at as the case centred only on whether the State shall, as far as practicable, defend and 28-32 weeks, when the chances of survival unborn could survive at all. vindicate”. are higher than at 24 weeks’ gestation The plaintiff argued that article 40.3.3 of The court accepted that the mother’s (while considered to be the cusp of viability, the Constitution was not engaged, as this death did not preclude her rights (notably the survival rate at this point is only 25%). case did not involve abortion, and that the to respect and to die with dignity) being PP argued that prolonged somatic objective of the Eighth Amendment was to considered in the balancing exercise required support measures were experimental, copper-fasten the protection provided by by article 40.3.3, but found that, in these with no proper basis in medical science statute that criminalised abortion. circumstances, the rights of the unborn or ethical principle. Medical opinion was The HSE argued for a “must prevail” over these unanimous that care should be withdrawn, wider application, although maternal rights and the as there was no reasonable prospect that they argued that the obligation PP may have family’s grief. the foetus would be born alive. Continuing to defend and vindicate the somatic support in these circumstances unborn’s right to life was not significant Foetal best interests was described as “experimental medicine” absolute. implications for Once article 40.3.3 was (Dr Colreavy) and as “going from the Counsel for the unborn engaged, the court then maternal decisions extraordinary to the grotesque” (Dr argued that article 40.3.3 ‘ turned to the question of McKenna). applied, but that the foetal that involve a threat how far it should go in right to life took precedence vindicating and defending The findings over the rights of its deceased to foetal life, the the unborn’s right to life. The court held that there was no realistic mother. classic example In this regard, it drew prospect of continuing somatic support Counsel for NP argued being the competent considerable guidance leading to the delivery of a live baby and that the court should infer from the High Court’s that its continuance would cause the unborn what NP’s wishes would be refusal of a decision in Re a Ward of “distress”. The court stated that “medical and strive to have the unborn caesarean section Court (withholding medical evidence in this case goes only one way” delivered as, given what had treatment) (No 2). That and that the evidence was “persuasive to occurred, she could not have a court held that the right to a conclusive degree that ongoing somatic death without indignity. life ranked first in the hierarchy of personal support for the mother is causing her The court held that article 40.3.3 had a rights, but’ that this interest is not absolute, body increasingly to break down and that wider application and was not confined to in the sense that life must not be preserved the overwhelming infection from various abortion: “...while article 40.3.3 may have and prolonged at all costs, no matter what sources, will, as a matter of near certainty, come into law in the context of section 58 the circumstances. bring the life of the unborn to an end, well of the Offences Against the Person Act 1861, The court cited the use of the “best before any opportunity for a viable delivery which criminalised procuring a miscarriage, interests principle” in SR (a ward of court) of a live child could take place”. The court on a plain-language interpretation it is also (involving withdrawal of ventilation of a six-year-old child with catastrophic brain injury) and explicitly stated that they found FOCAL POINT it “appropriate for application in this case”. The court explicitly referred (quoting SR) to circumstances that should be taken interpreting foetal best interests into account when determining whether In assessing the foetal right to life by reference weeks, perhaps after great suffering, might its life-saving treatment should be withheld, to its best interests, the court applied the same best interests be invoked in interpreting its including the pain and suffering of the child, reasoning as it would to a born life. However, right to life? both in respect of any proposed treatment it is the first time the foetal right to life has Of course, a future court may well draw and – should he survive – the longevity and been assessed in this way, and it raises a distinction between the withdrawal of life quality of his life. questions as to how a future court may address support, as opposed to taking a positive step to The court in PP concluded that, in other clinical circumstances on the fringes of terminate life (which was implicitly recognised vindicating the foetal right to life, they must article 40.3.3 and obstetric practice. in PP). However, in light of the centrality of the enquire as to the practicality and utility of Might a future court accept that, in the foetal best interests test applied in PP, could continuing life-support measures. Given the case of a foetus with a fatal abnormality and such a distinction be constitutionally justified medical evidence and the ‘perfect storm’ the no realistic prospect of being born alive, it is in circumstances where a foetus was destined unborn was facing, and in the best interests in the foetus’s best interests not to have the to suffer intensely for the prospect of only a of the foetus, it authorised – at the discretion pregnancy continue (which would arguably be few hours of ex utero life? of the medical team – the withdrawal of in line with the Supreme Court’s approach in If so, a court may need to take the unusual ongoing somatic support. Roche v Roche and the State’s position in D position that the best interests of the foetus are v Ireland)? Or further again, in the case of a not applicable to the assessment of its right to Potential implications foetus with a realistic prospect of being born, life ex utero or, perhaps, that its right to life While the evidence was clear that there was but destined to die within hours, days or even must prevail over its own best interests. no “realistic prospect” this unborn would be born alive, the medical evidence suggests law society gazette www.gazette.ie Jan/Feb 2015 COVER STORY 27
that cases will inevitably arise where a generally argued – assuming article 40.3.3 less than life) to prevail, it would have to realistic prospect does exist (although applies – that the foetal right to life prevails, be a very compelling right indeed. what constitutes a realistic prospect is as life sits atop the hierarchy of rights (per While it is possible, as some have argued, likely to require further judicial enquiry, AG v X) (provided the procedure does not that PP is very much confined to its (unusual as suggested by former attorney general pose a real and substantial risk to maternal and tragic) facts with little significance to Michael McDowell SC). life). other cases, it is more likely that it will have The inescapable logic of the judgment is The contrary argument is twofold – that a wider impact, although the extent of that that somatic support of the unborn’s dead article 40.3.3 does not apply to non-abortion impact is as yet unclear. It is also inevitable mother will be constitutionally required in contexts (as its objective was to copper- that, in an area noted for a dearth of those cases, probably to at least 28 weeks’ fasten the prohibition on abortion) and legislation and case law, PP will act as a guide gestation. Of course, somatic maintenance that the right to life is an ‘umbrella’ right to the interpretation of article 40.3.3 – in these circumstances, while rare, does encompassing others (such as the right to both in legal chambers occur in this and other jurisdictions. (For liberty or health) and that a traditionally and on hospital wards. instance, in October 2014, a foetus whose ‘lower right’ such as the right to refuse mother died at 23 weeks gestation was born treatment can prevail over the foetal right alive in Milan after somatic maintenance to life. look it up to approximately 32 weeks’ gestation.) In While PP did not directly address or the Irish constitutional context, the extent resolve this issue, the very clear finding that Cases: and severity of any maternal deterioration article 40.3.3 applies to “in simple terms, n Attorney General v X [1992] IESC 1 during such maintenance is likely to be the right to life of the unborn” makes an n Baby O v Minister for Justice, Equality and irrelevant (except insofar as it affects foetal order of that nature more likely and may Law Reform [2002] IESC 44 life or best interests), as PP establishes that, have an impact upon many non-abortion n D v Ireland (ECHR 26499/02) while the rights of the mother (to respect threats to foetal life. Some had argued that n PP v HSE [2014] IEHC 622 and to die with dignity) and of others (the the Supreme Court’s approach in Baby O and n Re a Ward of Court (withholding medical family’s grief) are engaged, the rights of the Roche v Roche precluded 40.3.3 being applied treatment) (No 2) [1995] 2 IR 79 child, who is living, must prevail in these to non-abortion scenarios. n Roche v Roche [2010] IESC 10 circumstances. Of course, a future court may still find that n SR (a ward of court) [2012] 1 IR 305 PP may have significant implications for the constitutional rights of a living woman maternal decisions that involve a threat to to refuse treatment are capable of prevailing Literature: foetal life, the classic example being the over the foetal right to life. It is notable, n ‘One life ends, another begins: competent refusal of a caesarean section. though, that the decision that the foetal right management of a brain-dead pregnant Whether a competent mother would be to life prevailed appears to have been a very mother – a systematic review’ (‘the obliged (by force if necessary) to undergo straightforward one, and the court did not Heidelberg study’) a caesarean section in such circumstances see the need to elaborate in any detail on n ‘Maternal brain death – an Irish has never been judicially determined in this the balancing exercise that it had performed. perspective’, Farragher, Marsh and Laffey jurisdiction. Together with the wording of article 40.3.3 (Irish Journal of Medical Science, vol 174, Where a competent mother’s refusal itself, this suggests that, if it is even possible no 4) of a section poses a risk to foetal life, it is constitutionally for a maternal right (of
CV Register For Law Society members seeking a solicitor position, full-time, part-time or as a locum Log in to the members’ register of the Law Society website, www.lawsociety.ie, to upload your CV to the self-maintained job seekers register within the employment section or contact career support by email on [email protected] or tel: 01 881 5772. Legal Vacancies For Law Society members to advertise for all their legal staff requirements, not just qualified solicitors Visit the employment section on the Law Society website, www.lawsociety.ie, to place an ad or contact employer support by email on [email protected] or tel: 01 672 4891. You can also log in to the CAREERS members’ area to view the job seekers register. 28 PROFILE law society gazette www.gazette.ie Jan/Feb 2015 CIRCLE OF
In part 2 of her interview with the Gazette, Minister for trustJustice Frances Fitzgerald speaks to Mark McDermott about the Policing Authority and whether Ireland’s direct provision centres are fit for purpose
Mark McDermott is editor of the Law n the first part of our interview (last issue, p30), Minister for Society Gazette Justice Frances Fitzgerald spoke about the Garda Inspectorate’s report into failures in the investigation of serious crime. She referred to “systemic failings” that were “quite serious in terms of crime investigation” and described the report as “a line in the sand and we move forward from here in terms of the reform Iagenda, which includes the new Policing Authority, which is the most radical change in terms of garda accountability in decades”. Since then, the
Government has appointed a new Garda Commissioner, Nóirín O’Sullivan, PIC: PHOTOCALL IRELAND and has nominated Josephine Feehily as the Chairperson-Designate of the new independent Policing Authority. How will the Policing Authority work and what role will it play in the reform agenda? “It will be a very important part of it,” replies the minister, “because we are making sure that you now have another layer of oversight, which is in line with changes internationally. Instead of police reporting to the Department of Justice, they will be supervised by a Policing Authority for their policing plans, strategy, how they’re spending their money, what they’re prioritising. There will be hearings in public and, obviously, private meetings where necessary – but the idea is to have public meetings. The at a glance people who are on the Policing Authority will be put in place by the public appointments service. It will be a public, transparent process. The minister n The new Policing Authority and retains functions arising from overall responsibility to the Dáil, and garda accountability – the most particularly for budget, for public service numbers and for security.” radical development in decades Does the Policing Authority report directly to the Minister for Justice? n On GSOC, the reported bugging “It’s an independent body, another layer of supervision. Generally, the of its offices, and earning trust Policing Authority reports to two committees in the Dáil – the Public n Addressing the criticisms Accounts Committee and the Justice Committee. However, the minister of Ireland’s direct provision retains constitutional responsibility in relation to policing matters. centres for migrants and asylum Obviously, I will have ongoing contact with the Policing Authority in seekers relation to certain issues.” n Plans for her political future? law society gazette www.gazette.ie Jan/Feb 2015 PROFILE 29
CIRCLE OF You can’t deport people to certain countries at present that are in a state of war or ‘in internal upheaval … But neither can we be a country that is an open door for people who want to traffic in human beings ’
Will there be overlap between it and GSOC? People always thought about policing as felt that any such bugging would have had to be “I don’t think so. GSOC has quite a separate crime investigation. Now, policing is about sanctioned at the highest level – in other words, life of its own in terms of dealing with complaints prevention. Yes, it’s about investigation, but it’s in the minister’s office? and doing investigations and, certainly in the also about dealing with victims appropriately. Minister Fitzgerald responds: “I don’t know immediate future and probably longer term, I think the move to the Policing Authority that he thought that, but you know, that really there are no plans to change it. So you will have reflects that.” is water under the bridge. We are where we are GSOC doing its independent investigations, in relation to it. It had a lot of ripple effects in a while the Policing Authority can commission Water under the bridge variety of ways. I felt that Justice Cooke’s report reports directly and refer matters to GSOC What has the minister to say about GSOC was excellent and really dealt with that issue. where necessary. and the reported bugging of its offices? Was It’s about moving forward now. I mean, look – “I think this Policing Authority is very much its chairman right to seek the assistance of an there are always going to be tensions between about more community accountability. I see it external agency in trying to determine whether GSOC and the gardaí. I’d be surprised if there moving from a police force to a police service. its offices had been bugged, particularly if he weren’t, but it has to be a constructive tension. Your Wedding at Blackhall Place
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Summer BBQ Wedding Intimate Wedding An Coimisiún Imscrúdúcháin Commission of Investigation COM/01068 Law Society Ads 285 x 220mm.indd€50.00 2 per person €65.00 per person 09/04/2014 11:01 (Nithe Áirithe i dtaobh an Gharda (Certain Matters relative to An Garda Síochána agus daoine eile) Síochána and other persons)
For the Urgent Attention of all Criminal Practitioners The Commission of InvestigationWinter into Certain Wedding Matters Relative to TheTraditional Commission requests Wedding that all Solicitors who made calls An Garda Síochána and Other Persons (the Fennelly Commission) to or from Garda Stations between 1995 and 2013 to furnish was established in May of this€75.00 year. The perTerms personof Reference of to the Commission€85.00 detailsper personof all telephone numbers used for the Commission may be accessed in full at S.I. 192/2014. The such calls. purpose of this notice is to draw to the attention of the Solicitor’s The Commission will use these numbers to endeavour to profession in particular, paragraphs 1. (h) and (i): establish: (h) To establish whether any telephone conversations between (i) whether any call to or from that number has been solicitors and their clients were recorded by the said telephone recorded; and, recording systems. (ii) whether that recorded call has been accessed by any (i) To establish whether any information obtained from the said person. telephone recordingContact systems Us: by An Garda Síochána was used by it eitherLaw improperly Society or unlawfullyof Ireland, and, Blackhall in particular, Place, whether Dublin 7The Commission will not be listening to any recorded any recordingsEmail: as may [email protected] have been made by An | Garda Ph: 00353Síochána (0) 1 672 conversations4918 and all telephone numbers will be treated in the of Solicitor/ClientWeb: www.lawsociety.com/venuehiretelephone conversations were used for any strictest of confidence. purpose whatsoever. The Commission is in consultation with the Law Society on The Commission is considering a number of options in how it can this aspect of its Terms of Reference and it would be happy to best approach (h) and (i) above but it needs the assistance of all speak with any Solicitors who want more information about the Solicitors who are engaged in criminal law practice in the State. process it is engaged in. COM/01068 Law Society Ads 285 x 220mm.indd 2 09/04/2014 11:01
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law society gazette www.gazette.ie Jan/Feb 2015 PROFILE 31
We have to have cooperation, and I understand life in some of the circumstances. “Actually, I think we’ve done reasonably that, now, for example, in terms of GSOC “The main problem is the length of time well, when you look at the crisis we were getting reports back from the gardaí, there’s [the process takes] and we have to get the single facing when almost 8,500 people had no been a massive improvement and I think the procedure in place – which will be in place later accommodation in Dublin and we had to commissioner has made that very clear. in the year. That legislation will go through provide accommodation, much like at the “What I say to the gardaí is that GSOC and will make an enormous difference. present where there’s an accommodation is ‘the only show in town’ in relation to “The new single procedure won’t apply to crisis. This is not an easy issue to resolve. complaints. It has to work – and they have to all the people here at the moment. I’ve asked We do not detain people. We do not have work together. I don’t expect them to even my officials to examine this issue with a view detention. Where there is a right to work in like one another very much, but I expect them to trying to ensure that it covers as many of other countries, it’s very circumscribed. I don’t to work together and to progress complaints the people who are here, and already in the agree with overall universal calls for a right to and show the public that they and GSOC process, as possible. But we have over 1,000 work. I don’t think any country can agree to have their jobs to do. It’s not just the Garda people on deportation orders, 800 of whom are do that to people who arrive here who need to Síochána. GSOC has to continually earn trust. in direct provision. We have over 1,000 people be assessed. I don’t think that’s acceptable, but I’m not very happy about the kind of leaks that going through the courts, 700 I am concerned about the we saw. I think we’re in a new situation now, of whom are in direct provision. I don’t spend my long delays.” and it is about trust and confidence both ways, In addition, there are over 2,000 She doesn’t see it as a and earning credibility.” failed protection applicants days planning how human rights abuse issue in the system at the leave-to- I’m going to get to what on a major scale? Direct provision and human rights remain stage of the process, 800 “I do see the delays Before moving into politics, Minister of whom are in direct provision. might be considered as having very serious Fitzgerald’s background was in social work Taking account of people who ‘‘the next step’ implications for people, and family therapy. Given that background, might fall into more than one and I do think that when how does she respond to the huge amount of these categories, this involves approximately you have those kinds of delays you’re certainly of criticism about Ireland’s direct provision 1,800 persons in direct provision, which is over moving into an area where human rights are centres, on how they have failed asylum 40% of those living there. So that explains compromised’ and that’s my big concern. seekers, and the adverse impact they have had some of the reasons why people are here. “But in terms of the way we manage the on families going through that process? “It’s very hard. You can’t deport people to system, I want to see improvements for “Well look, we’ve set up a working group. certain countries at present that are in a state of children, for families, mental health issues, all We had the first meeting on 10 November last. war or in internal upheaval. So this is a complex of that – whatever improvements we can make. The NGOs are involved. The departments situation. But neither can we be a country that But I think there is also a balance to be struck. are involved. I’ve asked them to look at what is an open door for people who want to traffic We have an obligation that we have to meet improvements can be made. So that’s an in human beings; nor can we have an open internationally, legally, of course, in terms of acknowledgement that aspects of it are not door for every economic migrant. This is about assessment and status. But I also believe – and working as well as we would like them to. refugee status and about assessing it properly.” I repeat – we can’t be a magnet for people who We want to provide accommodation and a Does Minister Fitzgerald think that Ireland would be unscrupulous in terms of arriving service where people’s dignity is respected. has covered itself in glory in how it has dealt here.” It’s very difficult to get on with normal family with asylum seekers and migrants? Political future Has she any plans to become leader of Fine FOCAL POINT Gael, and possibly taoiseach? “The way I’ve always operated is that I consider myself very privileged to be a TD, and slice of life I think most TDs would say that, in fairness. Women of influence and creating a thinking environment for To have people supporting you, to have people “Geraldine Ferraro was the first woman to run decisions.” out there working for you to be elected, to for vice-president in America, and I met her have had the opportunity to be Minister for when I was working with the Women’s Political Page-turner Children, and then Minister for Justice, I’m Association. The role that Hillary Clinton has “I’m quite an avid reader. I like biographies. really delighted with that. played and continues to play has been phenomenal One of the most recent books I bought “I don’t spend my days planning how I’m in terms of women’s leadership. was about philanthropy, A Path Appears: going to get to what might be considered ‘the “All of those women who came into the Dáil and Transforming Lives Creating Opportunities, next step’. I consider it a privilege to be where who led the way: Monica Barnes, Nuala Fennell, by Nicholas D Kristof and Sheryl WuDunn.” I am right now and I work as hard as I can. Gemma Hussey, Nora Owen, Máire Geoghegan- I’ll try and deliver the areas I’ve talked to you Quinn. Mary Raftery’s legacy continues to inform Headphone heroes about. That’s my goal and I really don’t waste modern Ireland and, of course, our female “Coldplay and Chris Martin and Amy time on those kinds of machinations. presidents Mary Robinson and Mary McAleese. Winehouse. I’m a big Leonard Cohen fan, and “Maybe if I’d gone into politics when I was “Leadership matters, and I’m very impressed then there’s Alicia Keys. I’m an opera and younger, I might have thought I could lay out with the work of a very good friend of mine ballet fan, too. I lived in London for seven a path – but actually, in politics, I have to say I called Nancy Kline who writes about leadership years and was a regular at Covent Garden.” don’t know how much anyone can ever really lay out a path.” 32 LEGAL COSTS law society gazette www.gazette.ie Jan/Feb 2015 Opportunity
COSTSThe solicitors’ profession needs to be confident and forthright on the issue of legal costs, writes Cormac Ó Culáin
he Irish Times’ provocative headline on of legal costs also need to make the distinction between the first Saturday of the New Year – legal costs and the professional fees of legal advisors … ‘Legal costs in Ireland are now the highest total legal costs can include outlays such as expert fees in Western world’ – is a useful starting (medical, accounting, engineering), court/registration fees, point from which to draw attention ,enforcement costs and others. Many of these costs are set by to some of the issues and flaws in the the State and have increased successively in recent years.” debate on legal costs. The headline was quoting as fact a Cormac Ó Culáin T recent report by the Medical Protection Society (MPS), The devil is in the detail is the Law Society’s ‘Challenging the cost of clinical negligence – the case for Plaintiff costs? Legal fees? Non-compensation costs? All public affairs reform’. The MPS is a major player in the Irish market for interchangeable in the debate on legal expenditure. That executive clinical indemnity insurance. legal spend (fees and costs) are a matter of public policy is The MPS argues that legal fees, and the notion that an obvious. This is particularly the case where the State – solicitors are hungrily pursuing medical negligence claims to through the State Claims Agency (SCA) – and ultimately the replace lost income, all play a significant part in the rise in taxpayer indemnifies clinicians’ public work. In addition, the professional indemnity costs for medical professionals. agency subsidises the risk exposure of clinicians’ private work As the Fitzpatrick economic report (see last issue, p18) where the claim is above the MPS indemnity cap agreed with on the solicitors’ profession outlines, the issue of legal costs the State. is not straightforward. Definitions differ. Services differ. Examining the SCA’s annual reports, the costs of both Processes differ: “Efforts to bring clarity to the question clinical and non-clinical cases (relating to 117 public authorities and agencies) are broken down between legal, medical, engineering and other. at a glance Between 2008 and 2013, the SCA reported a 255% increase in medical-fee expenditure. In recent years (between n The issue of legal costs is not straightforward – a distinction must be made 2011 and 2013), medical-fee expenditure rose by 93%, while between ‘legal costs’ and the professional fees of legal advisors expenditure on legal fees over the same period rose by 38%. n Total legal costs can include outlays such as court/registration fees, expert While total plaintiff legal fees – which likely entails legal, fees (medical, accounting, engineering), enforcement costs and others. Many medical, actuarial and other fees – have decreased since a of these costs are set by the State and have increased successively in recent 2011 peak, it is determined by a range of factors, some of years which are set out below. n Between 2008 and 2013, the State Claims Agency reported a 255% increase in medical fee expenditure. In recent years (between 2011 and 2013), Determinants of total costs medical fee expenditure rose by 93% – whereas expenditure on legal fees An increase in activity gives rise to a comparable increase over the same period rose by 38% in expenditure. In the context of clinical claims, the SCA confirms that 400 new claims were notified in 2009, law society gazette www.gazette.ie Jan/Feb 2015 LEGAL COSTS 33
An assertion of profit-seeking, money-grubbing, claims-chasing, ‘cost-increasing solicitors is a narrative that enjoys its particular place in the comment sections of online articles and on phone-in shows ’ PIC: iSTOCK
peaking in 2012 at 772 new claims. In 2014, The 2012 auditor general report on the The reliability of data used by analysts new clinical claims notified dropped to Clinical Indemnity Scheme (the scheme and the media should also be queried. 609, a quarter of which were attributable to through which the SCA administers For example, the World Bank collects maternity services. medical negligence claims) provides useful data on legal costs (as part of their The success rate/outcomes of State-defended background to these issues. ‘enforcing contracts’ league table). Data is cases and the number of State redress schemes The priority of mediation over contesting collected from most economies based on a administered by the SCA must be taken into claims is welcome. According to the SCA, theoretical commercial contract case. account when discussing total plaintiff costs. “fewer than 3% of clinical negligence The Irish data for 2012 was based on Contributory factors to increasing legal cases handled by the SCA result in a just five respondents. With such a glaring activity include improved patient advocacy and contested court hearing”, and the CIS has statistical weakness, it is all the more empowerment and an increasing complexity recorded a threefold increase in the use of worrying that 2012 data was then relied upon of clinical work, giving rise to comparable mediation for clinical negligence cases in within the regulatory impact assessment to complexity in legal cases. The addition of 2012/2013. While reliance on mediation is the Legal Services Regulation Bill as evidence further agencies to the SCA’s remit and the “stubbornly low”, developments are slowly of weak cost competitiveness. wider resourcing of our healthcare system are being progressed in adverse event and risk Excitable commentary on legal fees leaves also factors. management. Judicial resourcing, which little room for sober qualifications. Balanced External factors and reforms in the area of affects court hearings, availability, and case debate – particularly with cross-country electronic medical records, disclosure practices management, must also be considered. comparisons – can only be achieved when and other quality standards all play a part. The Generalised claims by the MPS such as consideration is given to taxation rates, level of expert fees, the extent of medical and “plaintiff costs are among the highest in stamp duty, rising court fees (a review of the actuarial opinion (as are invariably required) on any country in which we have members” relevant court fees orders through the years liability and causation, medical cost inflation, bring little to the debate where they are not is available to all) and court processes. and the risk profile of MPS members in Ireland substantiated by their own internal data or Likewise, clear definitions of ‘attorney’ or all affect ‘plaintiff costs’. litigation policies. ‘legal activities’ and disaggregating solicitor M&K_LSG/LD 91X123 AW.indd 1 24/02/2011 16:40
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LawCare Ltd. Is registered as a charity in England and Wales no. 1061685 and in cotland no. C5. Company registraon no. 15. law society gazette www.gazette.ie Jan/Feb 2015 LEGAL COSTS 35
fees from the wider pool of ‘legal costs’ would This data is invariably repeated in Cui bono? The positive for the consumer immensely assist policymakers and the public. commentary and regrettably assumes the (and in the long term, I suggest, the An independent evaluation of the World character of evidence that solicitors are in practitioner) is that we are varying our Bank report identified a number of weaknesses continuous receipt of a windfall. offering, adding value, flexibility and new reflecting those above. An excerpt of the Repeated reductions in government fees modes of working, bringing with it a focus on evaluation is reproduced in the Fitzpatrick to solicitors under the Financial Emergency value as much as on costs. economic report. Measures in the Public Interest (FEMPI) Managing client expectations on costs has legislation and changes to public sector long been a statutory and ethical obligation, National data on legal fees tendering unfortunately don’t make news. For by virtue of section 68 of the Solicitors The Central Statistics Office monitors prices example, the State Claims Agency has reduced (Amendment) Act 1994. of ‘legal activities’ (which includes solicitors, fees paid to solicitors and counsel by 25% in The practice note ‘Do’s and don’ts of section barristers, trademark attorneys, sheriffs, and recent years. 68 letters’ (republished on p48) is a vital so on), as part of its experimental Services Accordingly, commentary on legal fees in reminder that transparency, communication, Producer Price Index (SPPI). The CSO the absence of clear definitions (for example, and accountability are at the core of defending states: “In most cases, these guidance to the appropriation our legal work and attendant fees. The Law services are provided to accounts’ use of the word Society’s consumer leaflet on legal costs also business customers only, and so Sober and ‘lawyers’), activity levels and serves to bring increased consumer confidence individual prices should not be nature of cases should always to the issue. considered indicative of more serious be questioned. Reforms proposed under the Legal Services general price trends in the considerations of Regulation Bill build on and supplement economy. The index excludes unmet legal need, Consumer is king: existing transparency measures. Existing consumers who are not covered transparency is key and future measures have the objective of in the Consumer Price Index.” ‘vindication of rights, The legal services market is protecting both the practitioner and the The Society welcomes and compensation just that – a market. If the purchaser. the fact that the CSO has price of a service is above An assertion of profit-seeking, money- commenced a redevelopment for injury don’t quite the purchasing power or grubbing, claims-chasing, cost-increasing of the SPPI, involving a review get the keyboard choice of the consumer, solicitors is a narrative that enjoys its particular of the sample and process to they are free to shop place in the comment sections of online ensure that the data reflects going around. Some colleagues articles and on phone-in shows. practice size, service and region. may regret that others have Certainly, headlines such as ‘Legal costs in While this is awaited, use of the SPPI (for sold their services at lower prices – in some Ireland are now the highest in the western example in Forfás reports, Competitiveness cases below cost – thus compounding the world’ are effective ‘click’ bait. Council statements, and other policy deflation,’ but this is the competitive and Sober and serious considerations of documents) should be treated with extreme dynamic reality in which any business finds unmet legal need, vindication of rights, and caution, if used at all. itself. compensation for injury don’t quite get It would be naïve to suggest that the the keyboard going. Themes of facilitating Definitions market for legal services is akin to that for commerce and industry, economic growth A useful example of how legal fees, costs, widgets – clearly the nature, complexity and employment rarely figure in the outlays and settlements are conflated is the and regulation of the service distinguish it. commentary government departments’ appropriation That said, however, increasing specialisation, on the legal services market and solicitors. accounts. new technologies, and changing pricing Genuine discussions on legal costs are Notwithstanding limited guidance on the structures are all moulding a new market. invariably non-linear. Practitioners are best matter, departments alternate between ‘legal Neither should clients’ increasing bargain- placed to articulate value. Transparency fees’, ‘awards’, ‘compensation costs’ and simply ing power be underestimated. After all, measures – existing and anticipated – ‘compensation’. solicitors need clients! serve all stakeholders well.
FOCAL POINT state claims agency, expenditure 2008-2012
2008 2009 2010 2011 2012 2013 % Change 08-13 State Claims Agency expenses € € € € € € Legal fees 8,119,000 9,130,000 12,560,000 13,612,000 16,497,000 18,759,000 + 131% Medical fees 753,000 1,036,000 1,295,000 1,386,000 3,317,000 2,674,000 + 255% Engineering fees 119,000 103,000 95,000 176,000 278,000 265,000 + 123% Other fees 382,000 447,000 723,000 836,000 992,000 1,107,000 + 190% 36 ADVERTISING REGULATIONS law society gazette www.gazette.ie Jan/Feb 2015 SHOOT to thrill In 2015, the Law Society set its sights on the widespread problem of ‘claims-harvesting’ websites and the impact they have on personal injury litigation. Eamonn Maguire calibrates his scope
lthough the economy appears to be expectation of a fee, gain or reward that is directly related Eamonn Maguire pulling itself sluggishly out of its to the provision of that service, and is advertising recessionary cycle – with a justifiable air b) Which, if published or caused to be published by a regulations of cautious optimism returning to the solicitor, would not be in compliance with paragraph (h) executive at the Law profession – these remain straitened times or (i) of subsection 2 or subsection 4 of section 71 (as Society of Ireland for many practitioners. It is no secret amended by section 4 of this act) of the principal act.” Athat 2014 was a year when the Society took a more robust approach to the manner in which solicitors and their firms What constitutes a person as defined by the act? Section could advertise their professional services. This is set 18 of the Interpretation Act 2005 sets out that a ‘person’ to continue in 2015, with the Society’s priority being to encompasses both a corporate (whether a corporation implement strategies that tackle the widespread problem aggregate or a corporation sole) and an unincorporated body of ‘claims-harvesting’ websites and the impact they have on of persons, as well as an individual. personal injury litigation. Despite such a proactive approach, the pervasive Section 5 breaches activities of non-solicitors – who with increasing regularity Therefore, persons, whether natural or corporate, who are are now providing ‘legal services’ – remains a thorn in the non-solicitors who advertise legal services that could be side of the Society’s Regulation Department. Indeed, with performed by a solicitor could be held to be in breach of personal injury services now being offered from within the financial services sector, as well as ‘claims-harvesting’ websites run by non-solicitors, it makes sense for the at a glance Society, while monitoring how its members advertise, to also distinguish how the law in respect of advertising may n Personal injury services are now being offered from within extend beyond solicitors in private practice. the financial services sector, and ‘claims-harvesting’ websites are being run by non-solicitors How does the law govern such activities? n Persons who are non-solicitors who advertise legal services The core statutory provision that may be applied to that could be performed by a solicitor could be held to be in non-solicitors is to be found in section 5 of the Solicitors breach of section 5 of the Solicitors (Amendment) Act 2002 (Amendment) Act 2002: “A person who is not a solicitor n Accepting direct or indirect referrals of personal injury shall not publish or cause to be published an advertisement: claims that emanate from a ‘claims-harvesting’ website a) Which expressly or impliedly undertakes to provide a operated by a third party may constitute professional specified service, being a service of a legal nature that misconduct could otherwise be provided by a solicitor, for or in law society gazette www.gazette.ie Jan/Feb 2015 ADVERTISING REGULATIONS 37
www.claimsgalore.com
PI CLAIMS MADE*
(* Not a lawyer)
Persons who are non-solicitors who advertise legal services that could be performed by a solicitor could ‘be held to be in breach of section 5 ’ Irish Institute LAW SOCIETY of Training & Development (IITD) Award Winners 2011, PROFESSIONAL TRAINING 2012 & 2013 Awarded for excellence in training and development Centre of Excellence for Professional Education and Training
To view our full programme visit www.lawsociety.ie/Lspt
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LSPT ad Gazette Jan/Feb 2015.indd 1 16/01/2015 15:28 law society gazette www.gazette.ie Jan/Feb 2015 ADVERTISING REGULATIONS 39
section 5. As previously intimated, an example Irish Institute FOCAL POINT LAW SOCIETY of Training & of such a breach would include the various Development (IITD) Award Winners 2011, ‘claims-harvesting’ websites in existence online, PROFESSIONAL TRAINING 2012 & 2013 some of which are operated by non-solicitors Awarded for conduct unbecoming excellence in training and act as portals to legal services without and development naming on the face of the website the solicitors Section 7 of the Solicitors (Amendment) misconduct on the part of a solicitor. Centre of Excellence for to whom work is being referred and/or who Act 2002 amends the definition of Further, Society members currently enjoying Professional Education and Training are enjoying a benefit as a result. Such breaches misconduct in section 3 of the 1960 act a benefit derived from litigation borne from permit the Society to initiate proceedings, to include a solicitor having any direct or maintenance and/or a champertous relationship seeking to either have the offending website indirect association with a person who is should also take caution. Part III of the Civil To view our full programme visit www.lawsociety.ie/Lspt amended or taken down altogether. acting in contravention of this provision. Liability Act 1961 may hold solicitors engaged So how and on what basis might the Society Consequently, accepting direct or indirect in such practices as being equally liable as seek such an injunction? This is where section referrals of personal injury claims that concurrent wrongdoers in tort. Therefore, if a DATE EVENT DISCOUNTED FULL CPD HOURS 18 of the Solicitors (Amendment) emanate from a ‘claims- (non-solicitor) person is held to have committed FEE* FEE Act 2002 steps in, under which The law provides harvesting’ website the civil torts of maintenance or champerty, a 5/6 March English & Welsh Property Law and Practice Course €441 €588 9 Hours General (by group study) operated by a third party solicitor with an association with that person 2015 the High Court is empowered to prohibit by order (or by further protection to may also constitute may find themselves in difficulty. 6/7 March Certificate in Adjudication – A practical 6-day workshop-based €960 €1,280 Full CPD General Hours requirement for provisions the court thinks solicitors from the sharp & 17/18 course to provide participants with knowledge and skills required in 2015 (provided relevant sessions attended) appropriate) persons acting in April & effective and ethical adjudication contravention of the Solicitors practice of non-solicitors, Therefore, if you are presently funding litigation in a manner 22/23 Acts 1954-2011. are reading this as a that might constitute maintenance and/ May ‘particularly in respect Critically, this provision non-solicitor currently or a champertous relationship (or, indeed, 25 March Companies Act, 2014 – Overview and Key Provisions – presented in €150 €176 5 General (by Group Study) of personal injury 2015 partnership with the Business Law Committee applies not just to solicitors advertising services that you are enjoying a benefit thereunder), you but, as per section 18(1)(a), litigation are legal in nature and, should exercise caution. 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One Hour Regulatory Matters (by eLearning) – the current regulatory position appropriately against non-solicitors who are • Does your organisation’s website advertising legal services in contravention of constitute an ‘advertisement’ that look it up Online The LinkedIn Lawyer: The “How to” Guide €55 Approx. 5 hours M & PD Skills (by eLearning) these provisions, solicitors and non-solicitors undertakes to provide a specified legal may expose themselves to a potential liability service that could otherwise be provided Cases: Online Advanced LinkedIn €55 Approx. 5 hours M & PD Skills (by eLearning) under the torts of maintenance and champerty. by a solicitor? n Thema Intl Fund v HSBC Inst Trust Services The High Court decision in Thema Intl (Ireland) [2011] 3 IR 654 Online Search Engine Optimisation (SEO) €55 Approx. 5 hours M & PD Skills (by eLearning) Fund v HSBC Inst Trust Services (Ireland) If the answer to either of these questions is not only made clear that the civil torts of ‘yes’, you may be advertising in breach of Legislation: Online Twitter for Lawyers: The “How to” Guide €55 Approx. 5 hours M & PD Skills (by eLearning) maintenance and champerty continue to subsist the Solicitors (Amendment) Act 2002. These n Civil Liability Act 1961 under Irish law, but that they would apply to provisions represent the law and, as such, n Interpretation Act 2005 Online Facebook for Lawyers: The “How to” Guide €55 Approx. 5 hours M & PD Skills (by eLearning) third party commercial/professional funding of any breach will be met by the Law Society in n Solicitors (Amendment) Act 2002 specific litigation. a swift and robust manner. In addition, if you Online How to use an iPad for business and lifestyle €136 Approx. 5 hours M & PD Skills (by eLearning) 1800 882 231 Online How to use a Samsung for business and lifestyle €136 Approx. 5 hours M & PD Skills (by eLearning) TM Easy faxing anywhere www.efax.ie/lawsoc Online How to create an eNewsletter €90 Approx. 5 Hours M & PD Skills (by eLearning) THE VERDICT IS IN: Top Law Firms Choose eFax® Why law firms are turning to eFax® as a cheaper alternative to fax machines Online Touch Typing €40 Approx. 5 Hours M & PD Skills (by eLearning)
Ease: Send and receive faxes quickly and easily by email. Online Microsoft Courses – Word - all Levels, PowerPoint – all levels, Excel From €80 Approx. 5 Hours M & PD Skills (by eLearning) Privacy: Maintain client confidentiality with files delivered securely to your computer. Efficiency: Solicitors, barristers and secretaries can share faxes instantaneously 24/7. Savings: Eliminate hardware, software costs; as well as fax machine supplies. For full details on all of these events visit webpage www.lawsociety.ie/Lspt or contact a member of the Law Society Professional Training team on: p: 01 881 5727 e: [email protected] f: 01 672 4890 Productivity: Easy document management and organization. Accessibility: Access your faxes with your desktop, laptop, tablet or mobile. The 2015 CPD requirement is 16 hours in total, to include a minimum of 3 hours Management & Professional Development Skills and a minimum of 1 hour Regulatory Matters. Please note FIVE hours on-line learning is the maximum that can be claimed in the 2015 CPD Cycle *Applicable to Law Society Skillnet members Contact us at 1800 882 231 and mention “LAWSOC” for a 30-day trial.
LSPT ad Gazette Jan/Feb 2015.indd 1 16/01/2015 15:28 40 PROFILE law society gazette www.gazette.ie Jan/Feb 2015 Taking care of BUSINESS LawCare began in 1997 as a support group for solicitors with alcohol addiction. Now a registered charity, LawCare has had a presence in Ireland since 2008. Maggie Armstrong talks to new CEO Elizabeth Rimmer
at a glance
n Since 2008, 228 case files have been opened by LawCare from Irish solicitors n In 2014, 22 new case files were opened from Irish solicitors, with a further 73 calls received. The most common issue for callers was stress (86%), with the reasons cited as financial worries (27%) and workload (23%) n In 2013, 26 new case files were opened from Irish solicitors, almost half of whom were trainees or qualified less than five years. The most common issue for callers was stress (77%), with the reasons cited being financial worries (31%) and workload (19%) law society gazette www.gazette.ie Jan/Feb 2015 PROFILE 41
eople who go into law, they’re Elizabeth is the charity’s second CEO, having taken over very bright people, they’re highly from Hilary Tilby. Before joining LawCare in September, intelligent, they like to push Elizabeth was executive director at the Institute of themselves, they’re competitive – Group Analysis and, before that, at Alzheimer’s Disease the sort of people who might find International. it difficult to say they’re having a She began work as a solicitor in clinical negligence, problem“P with something, because they might perceive it as and the experience was sobering. “I found it quite a Maggie Armstrong a sign of weakness.” challenging environment,” she says. “I is a Dublin-based So says Elizabeth Rimmer, LawCare’s got a traineeship in a firm that was highly journalist new CEO. She arrives to the charity with The idea of regarded in clinical negligence, and then a mission: to improve the working culture LawCare is to be got kept on as an assistant solicitor, so that can undermine such talented people. it was great. But what I found hard with “There’s a culture of long hours. People an available resource medical negligence and litigation was are under pressure to make their billing in circumstances the adversarial component to it. People targets and bring money into the firm if ‘where stress levels, were coming to you after terrible things they’re in a commercial firm. If they’re in had happened to them or gone wrong. BUSINESS the public sector, public cuts make it harder for example, become They came to you thinking that they for those solicitors to generate income for so overwhelming that were going to get all the answers to their firm. Also, you’re representing your their questions. You came to realise that clients’ interests and making sure you do someone feels that the process is designed to financially the best for them. You want to be successful they simply compensate people for their loss – but for them. I think that all makes for a highly that you can never financially compensate
ALL PICS: CIAN REDMOND PHOTOGRAPHY stressful occupation.” cannot cope people for their dreadful experiences. I LawCare is a free and confidential found that quite stressful so questioned helpline for Law Society members who are under strain, whether I really wanted to do this. whether with mental or physical health problems. “I found it hard having people in my room crying, The problems can be personal and highly sensitive telling’ me very distressing stories. I felt so sorry, and really – depression, anxiety, physical illness, addiction – or empathised with their position and thought, what a terrible something going on in the workplace, such as bullying or tragedy and now there’s this litigation that’s going to go stress. You don’t need to be on the brink of catastrophe in on for four or five years and you think, you can’t put this order to call. LawCare is there to help solve it, and their to rest. I did an MA in medical law and ethics at King’s phone line (freephone: 1800 991 801, email: help@lawcare. College and took a year out to reassess.” ie) is open not only to lawyers but also to their families That was when Elizabeth found a part-time job with and staff. Alzheimer’s Disease International, answering phones and
FOCAL POINT tales from the front line Irish coordinator Mary Jackson describes the type of “We had another lawyer facing the Solicitors’ cases they have dealt with since 2008. Disciplinary Tribunal. That solicitor had done something “Bullying seems to be on the increase right across grave and he was being fined. There was no malpractice, the call spectrum. We spoke with a trainee whose but he had let his business get into a state of chaos. boss dealt with her purely by email. She was getting Facing a courtroom situation, he was petrified. His wife up to 42 emails a day, though they were sitting in rang. She said he was like an ostrich with his head in the same room together. Bullying can take a very the sand. We directed her to the Solicitors Benevolent unpleasant, invidious form,” says Mary. Association, as the family were in a state of financial In another case, “a caller rang us who was a sole hardship. (The SBA is a voluntary charitable body that practitioner, who had just been diagnosed with a life- helps all members in need – whether from the Law threatening illness. It meant he would have to give up Society of Ireland and the Law Society of Northern work for six months. He was very anxious, fearing the Ireland. It is a confidential service – more details at www. worst of what would happen to him and to his practice. solicitorsbenevolentassociation.com.) It occurred to me that we had dealt with an English We asked one of our Irish volunteer lawyers to contact lawyer who had had identical surgery to what he was the caller. She arranged to meet him and did what we call facing. We put them in touch. The two of them are ‘hand-holding’, whereby she accompanied both he and his still in touch. The lawyer told me it was an absolute wife to the Disciplinary Tribunal, sat with him through the life-saver. hearing and played a big sister role.” 42 PROFILE law society gazette www.gazette.ie Jan/Feb 2015
sending faxes. A month in, her boss had to leave suddenly – due to stress – and Elizabeth FOCAL POINT was promoted to his job, which she kept for ten years. irish eyes Root and branch n Valerie Peart (Pearts Solicitors) is a Council n LawCare’s Irish coordinator is Mary Over tea and biscuits in Dublin, Elizabeth member of the Law Society and a trustee of Jackson. Born in Fermanagh and based talks lucidly about the way organisations are LawCare in Ireland. in Devon, Mary coordinates LawCare’s run in a ‘hyperconnected’ world. The issue “The idea of LawCare is to be an available Irish concerns with those overseas and that comes to the fore is wellbeing at work resource in circumstances where stress levels, answers the LawCare helpline. “We try and improving working culture from the for example, become so overwhelming that really hard to be empathic and non- roots up. someone feels that they simply cannot cope,” judgemental,” she says. “We are not “This whole well-being agenda about says Valerie. “The helpline, being staffed by trained counsellors; we try to broaden healthier workplaces is certainly becoming solicitors themselves, provides instant access out the service”. The caller will usually more talked about, not just in law but across to a colleague who will listen, first of all, and be signposted to a specialist – one in a range of professions,” says Elizabeth. “It can make practical suggestions or referral to four are referred to counselling – and makes commercial sense that the healthier other care professionals.” LawCare makes follow-up calls. the work culture is, you’re going to find Valerie’s experience is highly relevant On behalf of LawCare, Mary has given it easier to recruit people and to retain in this capacity. “I run a busy practice. If presentations around Ireland (addressing them – and that female employees who’ve I’m feeling stressed, I’ll take a walk up the nearly 1,200 solicitors last year) and been with you for ten years and gone [Dublin] quays to clear my head, go back has talked about practising mindfulness. off and had a baby can stay on. Creating and have a cup of tea. If I was aware that “Mindfulness is about stopping and workplaces that are more flexible, giving a colleague had gone beyond that point of bringing your attention to this moment people opportunities to work from home, stress, I would be confident that LawCare in time. If you do it for three minutes a potentially, will pay dividends.” would provide a real solution for them.” day, it’s a way of calming your thoughts,” Elizabeth says she notices that many law she says. “It’s made me more patient. firms in England have begun giving more n Louise Campbell (policy development You become aware that you are a living, time off. “I think there is a lot more flexible executive with the Law Society) is also a trustee breathing human being rather than just a working, including working from home, of LawCare. She recalls 2007, when the Law machine that churns out work. It makes because we live in a hyperconnected world. Society first considered funding the provision you feel more relaxed then, going back In LawCare, we don’t have an office, we of LawCare in Ireland. Launched from 1 January into the hurly-burly of work.” all work from home,” she says. “That was 2008 to help the Irish profession deal with what attracted me to the job. I have a young health issues and related emotional problems, n The helpline operates 365 days a son, so it means I can be at home. I can there were initially a large number of calls. year, Monday to Friday, 9am to 7.30pm; work, but I can also empty the dishwasher. Stress and depression seemed to be to the fore, weekends/British public holidays, 10am to I can do the school run and I can go to the and given the downturn, that was no surprise. 4pm – (www.lawcare.ie). school assemblies because I’m on my phone
1800 991801 www.lawcare.ie LwLsgssyEgWs1061685SSO39335 ygs331395 law society gazette www.gazette.ie Jan/Feb 2015 PROFILE 43
Pictured before the LawCare Ireland meeting at the Law Society on 17 October 2014 were (front, l to r): Louise Campbell, Mary Keane (deputy director general), Elizabeth Rimmer, Valerie Peart (Council member and trustee of LawCare) and Teri Kelly (director of representation and member services). (Back, l to r): Sinead Travers, Keith O’Malley, Emma Cooper and Therese Clarke or email and I’m going to be home in ten those who visit the website come from problem the perception of you is that minutes. Flexibility is what people want.” Ireland. And yet, despite the excellent somehow you’re not as competent as other Her organisation, she says, “has an service offered, LawCare is not getting as people. What if it happens again? Are you advocacy role to play in making sure you’ve many calls as it should: “The awareness is somebody who’s going to have to be watched got a good, productive, ‘well-retained’ very low,” Elizabeth says. “Law Care must in the work place? Will things unravel workplace. I would like to see the law be serving a quarter of a million people and around you? There’s a fear factor, so it is societies in the relevant jurisdictions, and we get 500 calls a year. It’s stigmatised.” the equivalent for the Bar, taking these an interesting question, why LawCare research What is the CEO’s vision? issues seriously and putting them into their people aren’t calling us.” shows that 16% Elizabeth plans to exploit the strategies.” The reason may be stigma, webx in making LawCare Curious as to why lawyers have a she says. “Mental health of those who visit the accessible to the new dedicated charity to support them, when is the poor relation in the website come generation of social-media- many professions don’t, I ask why people health services. We’re big on hooked lawyers and also to don’t just go to HR with a problem. “There’s public health campaigns and ‘from Ireland people who find it hard to a reluctance for people to come forward there isn’t a huge amount pick up the phone. “I’d like because they might think it’s going to be that focuses on how to look after your to see us developing a well-being app,” she a bad mark against their name. Will they own mental health. It doesn’t get the same says. Her aim is to remove the stigma felt ruin their chances of being promoted? Will recognition that it should because the around’ discussing problems at work, and it be reported to the partners? Our service burden of mental health is huge to society.” her warm and pragmatic approach inspires is totally confidential – we don’t report Does she have ideas as to where mental confidence. “By us raising awareness about anything. Everyone who works our helpline health stigma comes from? “It may be as the importance of talking about mental has been a solicitor. They understand what basic as you can’t see it,” says Elizabeth. health and bringing it into the working that environment is like in the way that “Someone’s got a broken leg, you can see culture, these problems can be met. It’s not someone else may not understand it.” it.” Another worry, she says, is “the minute all doom and gloom, and people LawCare research shows that 16% of you’ve been ‘labelled’ with a mental health can get on with their lives.” 44 BOOKS law society gazette www.gazette.ie Jan/Feb 2015
Arthur Cox Prison Law Mary Rogan. Bloomsbury Professional (2014), Employment www.bloomsburyprofessional.com. ISBN: 978-1-780434-71-1. Price: €195. Law Yearbook Solicitors needing to advise prisoners as to their rights and entitlements will appreciate this book as an extremely informative and 2014 useful resource. The 2014 Yearbook is a unique resource for The book begins with a chapter on the lawyers, HR professionals, management, prison system and its legal framework, with public and private sector employers, each subsequent chapter expanding on various employees and trade unionists. elements of the law and prison rules as they The Yearbook: apply to prisoners, both within the confines • Summarises the key employment law of the prison and in relation to the prisoner’s developments in 2014, covering selected contact with the outside world. The status Irish legislation and decisions of the of particular groups in the prison population Superior Courts, the Labour Court, the is also examined, with the relative positions Equality Tribunal and the Employment of (among others) women, foreigners, and Appeals Tribunal, selected European the elderly within the prison system being and UK decisions and legislative developments. examined. a chapter on practical issues for prison law • Includes new chapters on whistleblowing, Prison discipline, investigation of breaches practitioners, with extremely useful information freedom of information, injunctions, of the prison rules, and the manner in which on article 40 (habeas corpus) applications and proposed reforms in the Workplace punishments are administered in respect the laws governing judicial review in this area. Relations Bill, employment mediation, of breaches of these rules are also studied. Helpfully, the Prison Rules 2007-2014 are also wages and an analysis of the Employment Also included is a very in-depth study of the contained within an appendix to the book. Permits (Amendment) Act 2014. rapidly evolving area of remission. Detailed Written in a clear, concise, and uncomplicated • Contains chapters on pensions, data consideration is given to release and transfers, manner, this book is an essential tool for protection, and taxation relating to with a review of the rules governing the practitioners working in the area. employment. granting and revocation of temporary release, • Is available as an eBook and readers are given instant access to the cases and including a comprehensive account of the Shane McCarthy is a practising solicitor based in materials from 2014 which have been recent court challenges and subsequent Skibbereen, Co Cork, and a member of the Law selected and summarised by experienced reforms in this area. In addition, there is Society’s Criminal Law Committee. lawyers in these fields. Family Breakdown: A Legal Guide Kieron Wood. Clarus Press (2014), www.claruspress.ie. ISBN: 978-1-905536-65-8. Price: €49.
Written with the general public in mind, this book is to be heartily welcomed and I would recommend it to any one of my clients without hesitation. It not only comprehensively sets out the legal framework relating to nullity, judicial separation, divorce and civil partnership, but also takes the reader through almost every conceivable eventuality, from domestic violence to pre-nuptial agreements, pensions and wills. Wood is clearly Format: Paperback ISBN: 9781780436937 aware of some of the most pressing issues in this Pub date: Feb 15 Price: €95.00 + Vat (P&P €5.50) area in 2014. Accordingly, his book also contains a chapter on legal aid and one that sets out the Order your copy today various alternatives to court in great detail. In my Contact Jennifer Simpson on +353 (0) 1 637 3920 view, the latter is an important inclusion given Email [email protected] the current trend towards alternative dispute Or buy online at resolution. No doubt this chapter will ease the www.bloomsburyprofessional.com/ie minds of many prospective family law clients who are understandably intimidated by the thought of appearing in front of the court. Wood acknowledges that this prospect cannot law society gazette www.gazette.ie Jan/Feb 2015 BOOKS 45
be avoided in many cases, and the chapter ‘Your day At the breakdown of a marriage or civil in court’ is highly informative for those who have to partnership, parties can often find themselves engage with the system. The author notes that for utterly confused, with information (some of it not many “involved in marriage breakdown, the thought all that reliable) coming from all directions. With of going to court may fill them with apprehension”. its balanced mix of law, general information, However, in my opinion, such apprehension would checklists and precedent forms, as well as an be hugely assuaged upon reading this particular appendix dedicated to frequently asked questions, section of Wood’s guide, which takes the reader Wood’s Family Breakdown is a guide geared through the various courts and outlines what should towards those very people. In my view, it should happen at a family law hearing. The inclusion of be compulsory reading for anyone who is about to THE WORLD’S small (but not inconsequential) details is hugely come into contact with the family law system. helpful, as it is my experience that clients can BEST LEGAL often be confused by the processes of the court Betty Dinneen is the managing solicitor of Pope’s when these have not been explained to them. Wood Quay Law Centre, Cork. PRACTICES RELY circumvents this by explaining to the reader the ON OUR BEST function of the call over, the privacy requirements of in camera cases, and the roles fulfilled by barristers PRACTICES. and solicitors during the case. Whether you practise, support, create or enforce the law, Thomson Reuters delivers best-of-class legal solutions Civil Procedure in that help you work smarter, like Round Hall, Practical Law, Westlaw IE, the Circuit Court and Westlaw UK, as well as tools to help you manage the business Karl Dowling and Karen McDonnell. Round Hall of law, like Serengeti Tracker and (2013), www.roundhall.ie. ISBN: 978-1-858007- Thomson Reuters Elite. Intelligently 18-2. Price: €265. Also available as an e-book from connect your work and your world Roundhall’s ProView app. through unrivalled content, expertise and technologies. In a short review, it is difficult to convey the comprehensive and useful nature of this book. See a better way forward at Perhaps the best means of illustrating this is legal-solutions.co.uk to note that the table of contents alone runs to ten pages. The book itself is a second edition, to take into account significant developments affecting practice and procedure, including (among other things) adjustments to the Circuit Court Rules relating to the Land and Conveyancing Law Reform Act 2009, the Personal Insolvency Act 2012, developments in actions for Beyond the commentary on actions possession, and well-charging relief. generally, certain distinct areas of practice The initial chapters summarise the also receive special focus, including personal jurisdiction of the Circuit Court, together injuries actions, liquor licensing, probate with proceedings before the county registrar. actions, landlord and tenant proceedings, Across several chapters, extensive detail is then planning, employment and family law. Each provided in relation to the procedural steps of these chapters discusses the procedures in required to initiate, defend and process actions relation to actions within that topic area in in the Circuit Court. Quite usefully, there are a significant detail. The book concludes with an number of actions that detail areas that do not appendix containing the various forms for use arise in every case and can be a source of angst in the Circuit Court. without access to this information when they While the Circuit Court Rules and forms do arise, including intricacies with the parties are freely available on the internet, this book to an action (for example, persons of unsound provides guidance and insight that will be of mind not so found), third party applications, immense benefit both to a practitioner taking joinder of actions, and moving the case to or on an action in a new area of law and to the from the High Court or to the District Court. seasoned practitioner well familiar with their Naturally there are also chapters relating field and faced with some to regular issues arising in practice, such as unusual facet in a matter. discovery, lodgments and offers, the trial, appeals, enforcement of judgment orders Richard Hammond is partner in the Mallow firm and costs. Hammond Good. 46 BRIEFING law society gazette www.gazette.ie Jan/Feb 2015
council report Council meeting – 5 December 2014
Law Society of Northern Ireland ments via a central hub. The hub in the delivery of electronic introduction of an electronic The Council approved the would provide a secure central property services who was will- platform. It was important that appointment of the extraordi- electronic work area, allowing ing to share its knowledge, ex- practitioners understood that the nary members of the Council, solicitors, lenders and the PRA pertise, intellectual capital and proposed e-conveyancing system representing the Law Society of to view information, exchange financial resources with the Law would similarly remove a consid- Northern Ireland: Arleen Elliott, data, and communicate informa- Society to deliver the project in erable amount of time and effort Richard Palmer, John Guerin, tion in order to complete prop- Ireland. from the conveyancing process, Michael Robinson and Imelda erty transactions. Mr Dorgan noted that the without removing the require- McMillan. Via interaction with the lend- project had Government sup- ment for the application of legal ers, the hub would allow solici- port and, as recently as October expertise to the core elements of Regulations and fees tors to track the loan transac- 2014, the chief executive of the a conveyancing transaction. The Council approved the prac- tion, see when loan conditions Banking and Payments Federa- tising certificate and qualifying were satisfied, arrange for the tion Ireland had acknowledged Collapse of Setanta Insurance certificate regulations, forms and release of loan funds, and cre- that the lenders were fully com- The Council agreed that a de- guidance notes for 2015. The ate and sign digital documents. mitted to the introduction of tailed eBulletin should issue to Council also approved the fees Solicitors would be able to pull e-conveyancing and that they the profession setting out all of for 2015, which were being main- information directly from the would make the necessary invest- the steps taken by the Society tained at the same level as for PRA title register into the hub ment in internal bank systems, to try to resolve the Setanta is- 2014 – that is, €2,500 per solici- and into the documentation, workflows and staffing to enable sue, together with the response tor and €2,150 for those qualified and this would be linked to their lenders to participate fully in e- of the MIBI and the Minister for less than three years. case-management system. Loan conveyancing. Transport, the thrust of the legal funds would be transferred by The projected timeline for advice received, and the matters Legal Services Regulation Bill electronic funds transfer with implementation envisaged com- to be considered by a solicitor The director general noted that same-day value. mencement of the design and de- acting for a claimant. The Society a meeting with the Minister for Once both solicitors were velopment phase by June 2015, would also try to get some clarity Justice was scheduled for Monday ready to complete, all aspects of with beta testing and pilot from on how claims could be processed 8 December to discuss issues re- the closing would occur almost January to March 2017 and in- against the Insurance Compensa- lating to the bill, at which the So- simultaneously, with documents cremental roll-out of project tion Fund. ciety intended to raise a number lodged for registration and funds from April to December 2017. of other issues, including court disbursement happening accord- Accordingly, it was intended that Office of Government closures and delays in the taxation ing to a predetermined sequence, a fully electronic conveyancing Procurement of costs. It appeared that the bill thus virtually eliminating the gap system would go live at the end The Council discussed corre- would return to the Dáil in Janu- between completion and regis- of 2017. spondence with the Office of ary 2015. tration. The Council discussed the Government Procurement in re- Mr Dorgan outlined the his- importance of a sustained and lation to its ongoing review of the Opposition to courthouse tory to the project, which had ongoing education campaign for procurement of services from the closures started in 2005 as a consequence the profession. It was clear that legal market sector. It was noted The Council noted with approval of a Law Reform Commission change was inevitable and it was that a reply to the president’s let- a submission by the Society and recommendation and was now important that the profession ter seeking clarification in rela- correspondence with the Minis- Government policy. A core ethos understood and was enabled to tion to a number of issues was still ter for Justice in opposition to the of the move toward e-convey- manage that change. Mr Dor- awaited. proposed closure of Skibbereen ancing was to take advantage of gan confirmed that there would courthouse, together with similar advances in technology. Thus, be extensive user-testing of the Regulation of Lobbying Bill correspondence with the minister the aim was not to make elec- system by practitioners and it The Council noted a submission in relation to a proposed review of tric the current paper-bound, was intended to use agile pro- by the Society on the Regulation of courthouses and court services in inefficient and cumbersome con- ject management throughout the Lobbying Bill. It was clear that the Co Tipperary. veyancing process, but rather to process, so that functionality was bill would have an impact on the reform, re-engineer and redesign tested on a consistent basis. In profession and on practitioners’ eConveyancing the conveyancing system. In the due course, the eConveyancing relationships with their clients. Patrick Dorgan briefed the new manifestation, a conveyanc- Hub could be adapted to provide Concerns were expressed about Council on developments in re- ing transaction would be more for e-litigation, e-probate and the impact of the bill on legal cent months on the eConveyanc- aligned with a commercial trans- other e-legal services. professional privilege and so- ing Project, which was now mov- action. It was agreed that making licitor/client confidentiality. The ing into implementation mode. Because the Society had nei- Revenue stamping electronic had submission identified ameliorat- He noted that the project would ther the financial resources nor removed much of the drudgery ing provisions in British legisla- effect significant changes to the the technical expertise to deliver and risk from the architecture tion and in the transparency code system of conveyancing. Once a project of this magnitude, it of the conveyancing system and applying to European Institutions implemented, solicitors would had identified a technology part- had solved a number of unfore- and the Lobbying Code exchange information and docu- ner with a proven track record seen back-office issues by the of Conduct in Australia. THE WORLD’S BEST LEGAL PRACTICES RELY ON OUR BEST PRACTICES. Whether you practise, support, create or enforce the law, Thomson Reuters delivers best-of-class legal solutions that help you work smarter, like Round Hall, Practical Law, Westlaw IE, and Westlaw UK, as well as tools to help you manage the business of law, like Serengeti Tracker and Thomson Reuters Elite. Intelligently connect your work and your world through unrivalled content, expertise and technologies. See a better way forward at legal-solutions.co.uk 48 BRIEFING law society gazette www.gazette.ie Jan/Feb 2015 practice notes
GUIDANCE AND ETHICS COMMITTEE The dos and don’ts of section 68 – re-visited It is now 20 years since the intro- isation on the client’s behalf. the costs. The award of the costs guides’ section of the public area duction of section 68, the require- • Always include information in does not relieve the client of the of the Law Society website. The ment for solicitors to give informa- relation to VAT. responsibility to pay their own leaflets can be purchased from tion in writing to their clients about • Give the actual amount, an esti- solicitor. They will be liable for the Law Society. legal fees and outlays. Section 68 mate, or the basis of legal charg- the full amount of the costs. • Use the leaflet in conjunction information is extremely impor- es within the following require- • Inform the client at the outset with the s68 letter to achieve tant for our clients, the consumers ments: if the solicitor intends to ask for compliance with the section, in- of the legal services we provide. - Give the actual amount of the money up front or for the dis- cluding the important additional In order to assist members to legal charges, if this is practi- charge of costs and/or outlays at information to be given in litiga- comply fully with their statutory cal and possible, intervals prior to the conclusion tion cases, as set out above. obligations, this practice note – - Give the basis of charge, if this of the case or transaction. • Be aware that giving the client first published in 2010 – is re-pub- is practical and possible, • Ensure that the client under- the leaflet on its own does not lished below. It has been reviewed, - Give the details of how the stands that, if a case or transac- fulfil the solicitor’s s68 obliga- updated and expanded to deal with client will be charged in their tion for which s68 information tion. typical problems that have been particular case, if the basis of has been given does not proceed identified when complaints to the charge is being used. to conclusion, the firm is enti- Section 68(1) – revising legal Law Society are made by clients or • If time is the basis of charge, tled to charge for work properly charges information already given when adverse comments are made time records must be maintained done. This information can be Do: about section 68 practices in firms and must be available for inspec- given in the s68 letter itself or • Recognise that, in order to in the reports of the Law Society tion in the event of a dispute. in the firm’s ‘terms of business’ make properly informed deci- investigating accountants. All firms The hourly rate should be given. document, if used. sions about their case or trans- are encouraged to study this prac- • In litigation cases, explain that • Arrange for the client to sign a action, a client should be made tice note and, in the light of its con- even if the case is successful, copy of an up-to-date s68 let- aware from the outset that they tents, to review their own systems some fees and outlays may not ter. This is the solicitor’s best must budget in the knowledge to ensure full compliance. be recovered from the other defence in the event of a com- that there is a possibility that The section 68 letter can be side, and say what these are like- plaint that the necessary infor- unforeseen events or complexi- complementary to a firm’s ‘terms of ly to be. mation was not given. If a signed ties may arise in the course of business’ document, which sets out • Remember that, in litigation copy is not on file, it may be their case or transaction, which the terms of the contract for legal cases, s68(1) is not solely about difficult to prove that the client will require additional legal services that the firm offers. Some information about legal fees and received it. work to be done, which will of the issues that cause difficulties outlays. It also requires solici- • Maintain your files in a way that mean that additional fees will in relation to costs are addressed in tors to give important informa- makes compliance with s68(1) have to be paid. the Law Society’s precedent terms tion about the circumstances in easy to check in the event of a • Always include a clause in the and conditions of business docu- which the client may be required complaint being made to the s68 letter allowing for revised ment. to pay costs, even when they win Law Society or a Law Society s68 information if unforeseen their case. Giving this informa- accounts regulation inspection events or complexities arise. Section 68(1) – initial informa- tion is not optional. being made. • Diary the s68 letter for review tion in writing about legal charges • Also, in litigation cases, s68(1) • Where a client transfers from at regular intervals during the Do: requires solicitors to explain the one firm to another in the mid- progress of the case or transac- • Recognise that all clients need circumstances in which the cli- dle of a case or transaction, the tion to check if unforeseen events to budget for all expenditure in ent may be liable for the costs of second firm must issue a new s68 or complexities have arisen that relation to their legal business. any other party, for instance, if letter. This is a new contract for will mean that the information in • Recognise that strict compliance the case is lost. legal services between the client the first letter must be changed with all aspects of s68 protects • Explain that the contract for le- and the second firm. to take account of the extra legal both consumers and solicitors gal services is between the solici- work that will have to be done. and manages the client’s expec- tor and the client, and the client Precedents and client • If it becomes necessary, issue re- tations. is always the person responsible information leaflet vised s68 information setting out • In all cases, give the client in- for the payment of the costs. Do: the information about increased formation in writing in relation Explain that this means that, in • Check out the precedent s68 let- fees and outlays. to the legal charges that will be litigation cases, where the client ters on the members’ area of the • Be aware that, if a firm fails to incurred in their case or transac- wins their case and is awarded Law Society website (www.law- issue revised s68 information tion. costs, but the costs cannot be society.ie). when this should have been • Explain that ‘charges’ include recovered from the other side – • Check out the Law Society cli- done, if a complaint to the Law fees and any money that will be for instance, because they have ent leaflet Information in Rela- Society is subsequently made, paid to another person or organ- no money – the client must pay tion to Legal Charges in the ‘legal the Complaints and Client Rela- law society gazette www.gazette.ie Jan/Feb 2015 BRIEFING 49 practice notes
tions Committee may direct the • Give a summary of the legal work client’s bill, if that is the case • When a complaint is made to solicitor to charge less fees. done for the client. – s68(6). the Law Society’s Complaints • Be aware that failure to issue a • Give the total amount of money, - Get a written acknowledge- and Client Relations Commit- revised letter when this should if any, recovered from the other ment from the client that he/ tee, compliance with s68 will have been done is viewed as an side. she understands that they will always be investigated. This will issue of professional miscon- • Give details of any charges recov- be sent a s68(6) bill of costs happen not only where the com- duct. ered from the other side. showing the moneys received plaint is about non-compliance • Where necessary, give explana- from the other side. with s68, or about excessive fees, Section 68(2) – prohibition on tions of items that were not re- • When the bill is sent to the cli- but also when the complaint is percentage charging coverable on a party/party basis. ent, include a copy and ask the about any other matter. Don’t: client to sign and return this • When the Law Society’s inves- • Don’t state the professional fee Section 68(3-6) – clients’ copy of the bill. tigating accountants visit a firm, as a percentage of any award or knowledge of the fees and outlays they report on their review of settlement, except in debt col- charged in litigation cases Section 68(8) – bill disputes compliance with s68 matters. lection cases. Do: Do: Section 68(6) of the act is a par- • Ensure that the client is informed • Answer any questions the client ticular focus for their reports. Section 68(3), (4) and (5) – deal- that, if their case is successful may have. If there are indications in litiga- ing with the client’s award or set- and costs are awarded to them, • Try to resolve all issues – s68(8) tion cases that excessive fees are tlement in litigation cases if these costs are recovered from (a). being charged, where it seems Do: the other side, the costs will in- • If the matter is not resolved, that this was achieved by relying • Ask the client if they are agree- clude a contribution to their own write to the client explaining on the ignorance of a client that able to any outstanding costs be- solicitor’s professional fees. Fail- their right to have the bill taxed the other side was also making a ing deducted from their award ure to do so may be deemed to or to make a complaint to the contribution to the fees, this will or settlement. be an issue of misconduct. Unless Law Society – s68(8)(b). be fully investigated. All seri- • Get the client’s written author- the information is set out in writ- ous cases, whether happening in ity to make the deduction. ing, it may be difficult for a solici- Sanctions for non-compliance an individual case or where • Explain that any moneys that tor to show later that their client with section 68 a pattern of this practice the solicitor, with the client’s was fully aware that the fees, or a Do be aware of the following: emerges, will result in a authority, formally undertook to contribution to the fees, were also • Compliance with all the provi- referral to the Solicitors Disc- pay to another party out of the received from the other side. sions of s68 is viewed as a seri- iplinary Tribunal. proceeds of an award or settle- • To ensure that the client in a liti- ous issue of conduct both by ment must be paid out, even if gation matter gives all the neces- the Complaints and Client Re- Effective office systems the client changes their mind sary authorities to their solicitor lations Committee and by the Do: when the award or settlement and is aware of any contribution Regulation of Practice Com- • Have a good office system in comes in. to their own legal charges, it is mittee. All serious cases of non- place, whether manual or elec- recommended that the following compliance will be referred to tronic, that will automatically Don’t: steps are taken when a settlement the Solicitors Disciplinary Tri- trigger compliance with all parts • Don’t make a unilateral deduc- is being discussed: bunal. of section 68. tion from the client’s award or - Get authority from the client settlement in a litigation or oth- before a settlement for a par- CONVEYANCING COMMITTEE er contentious matter without ticular amount is agreed. PROBATE, ADMINISTRATION AND TRUSTS COMMITTEE the client’s written consent. - If possible, indicate to the cli- TAXATION COMMITTEE ent the approximate level of Section 68(6) – bills for litiga- professional fees that the solici- tion or other contentious matters tor will charge, and give them Dealings with agricultural land Do: the approximate net figure they Significant changes have been made Payments Information Centre’). This • Charge a professional fee that will receive. to the direct payment schemes by contains examples of what happens is reasonable, and state it sepa- - Get written authority from the which farmers and others using ag- in commonly arising situations of rately in the bill. client to deduct legal charges ricultural land receive subsidies re- sales, leases, gifts and inheritances • State all of the following in the from the settlement – s68(3), lated to that land. Practitioners are of land and of entitlements during bill: (4), (5). referred to the news piece by Oliver the transition from the existing single - Charges for general expens- - Get a written acknowledge- Ryan-Purcell, solicitor, published in payment scheme to the new basic es, such as stationery and ment that the proposed settle- the November 2014 Gazette (p10), payment scheme and how, in certain postage. ment is a full and final settle- which highlights the issues involved. circumstances, the right to apply for - Charges for people or organ- ment. Further useful information is avail- payments under the basic payment isations, such as the Property - Get a written acknowledge- able in a publication (CAP 2015: scheme in 2015 (the ‘allocation Registration Authority, oth- ment from the client that An Introduction to Direct Payments) right’) will transfer with land. er government agencies, and he/she understands that the available on the Department of Ag- The committees are grateful to Mr so on. solicitor will receive party/par- riculture website at www.agricul- Ryan-Purcell for drawing attention to • State the VAT. ty costs as a contribution to the ture.gov.ie (follow ‘CAP 2015 Direct the matter. gaLAW SOCIETY ette www.gazette.ie
BONUS DIGITAL FEATURES WITH YOUR ONLINE GAZETTE • Links to judgments, cases and • View on your computer, tablet relevant literature or smartphone • Links to additional material • Links to advertisers’ websites For your best viewing experience, • Seamless navigation throughout download the Gazette to your device law society gazette www.gazette.ie Jan/Feb 2015 BRIEFING 51
11 November 2014 – 12 January 2015 legislation update
Details of all bills, acts and statutory instruments since 1997 fund the risk equalisation credits peal, remission, alteration and are on the library catalogue – www.lawsociety.ie (members’ and for 2015, and provides for related regulation of taxation, of stamp students’ area) – with updated information on the current stage a matters. duties and of duties relating to Commencement: 25/12/2014. excise, and otherwise makes bill has reached and the commencement date(s) of each act. All further provision in connection recent bills and acts (full text in PDF) are on www.oireachtas.ie Social Welfare and Pensions with finance including the regu- and recent statutory instruments are on a link to electronic (No 2) Act 2014 lation of customs. statutory instruments from www.irishstatutebook.ie Number: 41/2014 Commencement: Except where Gives legislative effect to the in- otherwise expressly provided for ACTS PASSED tion, national character, mort- crease in the monthly rate of child in part 1, that part shall come Water Services Act 2014 gage, sale, transfer, ownership benefit, one of the social protec- into operation on 1 January Number: 44/2014 and measurement of Irish ships. tion measures announced in the 2015. Except where otherwise Provides that, in the future, where Repeals the Mercantile Marine Act Budget statement of 14/10/2014 expressly provided for, where a a government proposes to initiate 1955, s3 of the Merchant Shipping and due to take effect from provision of this act is to come legislation that amends the own- (Miscellaneous Provisions) Act 1998 1/1/2015. Amends the Pensions into operation on the making of ership structure of Irish Water, and s100 of the Sea Fisheries and Acts to allow the Minister for Fi- an order by the Minister for Fi- such a proposal cannot be initi- Maritime Jurisdiction Act 2006 nance to draw down moneys from nance, that provision shall come ated without a resolution from and makes consequential amend- the central fund to discharge lia- into operation on such day or both Houses of the Oireachtas ap- ments to certain acts. Establishes bilities that may arise to the State days as the Minister for Finance proving the changes and, subject a new centralised Irish Register in the event of a wind-up of a de- shall appoint either generally or to such resolutions being passed, of Ships. Amends the definition fined benefit pension scheme in with reference to any particular the proposal would be submit- of ‘safety convention’ in the Mer- particular circumstances. purpose or provision, and dif- ted to a plebiscite of all people chant Shipping (Safety Convention) Commencement: 1/1/2015. ferent days may be so appointed eligible to vote on a referendum Act 1952 and provides for con- for different purposes or differ- for an amendment of the Consti- nected matters. Protection of Children’s Health ent provisions. tution. Provides for amendments Commencement: Other than (Tobacco Smoke in Mechanically to the approved water charges section 69, comes into operation Propelled Vehicles) Act 2014 Intellectual Property plan for domestic consumers on such day or days as the min- Number: 40/2014 (Miscellaneous Provisions) from 1/1/2015 to 31/12/2018. ister may appoint by order or or- Amends the Public Health (Tobac- Act 2014 Provides that the minister may, ders, either generally or with ref- co) Act 2002 in order to prohibit Number: 36/2014 after consulting with the Minister erence to any particular purpose the smoking of tobacco prod- Amends the Patents Act 1992 by for Public Expenditure and Re- or provision, and different days ucts in vehicles where children providing legal certainty that form, set maximum charges for may be so appointed for different are present and provides for the the research exemption enables periods after 31/12/2018. Where purposes and different provisions. investigation and prosecution of developers of innovative me- a customer has not paid any water such offences by the gardaí. dicinal products and veterinary charges, Irish Water shall charge a Health Insurance Commencement: Commence- medicinal products to under- late payment fee for each year the (Amendment) Act 2014 ment order(s) required as per take the legitimate research charges remain unpaid. Amends Number: 42/2014 s7(2) of the act. and tests required to obtain the Water Services (No 2) Act 2013 Amends the Health Insurance Act marketing authorisation with- to provide that Irish Water shall be 1994 to specify the allowable rate Road Traffic (No 2) Act 2014 out being in breach of exist- prohibited from either disconnect- of net premium payable in re- Number: 39/2014 ing patents. Amends the Trade ing or reducing the supply of water spect of young adults, to provide Amends the Road Traffic Act 2002 Marks Act 1996 to give effect to a dwelling due to an unpaid bill. for the transfer of an insured per- regarding the endorsement of to article 19(2) of the Singapore Abolishes the power of Irish Water son from a restricted membership penalty points. Treaty on the Law of Trademarks, to require the personal public ser- undertaking to another registered Commencement: 25/12/2014. 27/3/2006. Amends the Compe- vice (PPS) numbers of its custom- undertaking without the applica- tition Act 2002 and provides for ers. Amends the Water Services Acts tion of any additional initial wait- Companies Act 2014 related matters. 2007-2013, the first schedule to ing period, to specify the amount Number: 38/2014 Commencement: 23/12/2014. the Gas Act 1976, schedule 4 of the of risk equalisation credits in Consolidates, with amendments, Valuation Act 2001 and schedule 5 respect of age, gender and level certain enactments relating to Appropriation Act 2014 of the Social Welfare Consolidation of cover that is payable to insur- companies, and provides for re- Number: 35/2014 Act 2005, and provides for related ers for the risk equalisation fund lated matters. Gives statutory authority for the matters. from 1/3/2015, and to specify Commencement: Commence- amounts voted by the Dáil dur- Commencement: 28/12/2014. the amount of the hospital bed ment order(s) required as per ing the year (either in original utilisation credit applicable from s1(2) and (3) of the act. estimates or in the supplemen- Merchant Shipping 1/3/2015. Makes consequential tary estimates). Also provides (Registration of Ships) Act 2014 amendments to the Stamp Duty Finance Act 2014 for the definitive capital carry- Number: 43/2014 Consolidation Act 1999 to revise Number: 37/2014 over from 2014 to 2015. Revises the law on the registra- the stamp duty levy required to Provides for the imposition, re- Commencement: 19/12/2014. 52 BRIEFING law society gazette www.gazette.ie Jan/Feb 2015 legislation update
SELECTED STATUTORY the operation of the 2007 Lugano where the court office is closed on by a creditor or debtor with the INSTRUMENTS Convention on jurisdiction and the last day for doing so, the size official assignee in bankruptcy District Court (Forms) Rules the recognition and enforcement of documents, and the correction when presenting a bankruptcy 2014 of judgments in civil and com- of clerical errors. petition. Number: SI 596/2014 mercial matters and the European Commencement: 31/12/2014. Commencement: 31/12/2014. Amend the District Court Rules by Communities (Maintenance) Regu- the substitution of forms num- lations (SI 274/2011), giving effect District Court (Personal Health Insurance Act 1994 bered 17.6, 17.7, 17.12A, 17.12B, to the Council Regulation (EC) Injuries) Rules 2014 (Minimum Benefit) (Amend- 24.3, 24.4, 24.5, 24.6, 24.7, 27.10, 4/2009 on jurisdiction, applicable Number: SI 599/2014 ment) Regulations 2014 27.11 and 27.12 in schedule B and law, recognition and enforcement Amend order 40A of the District Number: SI 612/2014 form number 40.02 in schedule of decisions and cooperation in Court Rules to provide that the Clarify that the amount of the C for the forms bearing the like matters relating to maintenance venue for proceedings extends to charge payable under section 55 numbers in schedule B and sched- obligations. the court area within which the of the Health Act 1970 is payable ule C of the District Court Rules Commencement: 19/12/2014. tort is alleged to have been com- in respect of services provided in 1997 (SI 93/1997). mitted. a publicly funded hospital. Commencement: 31/12/2014. District Court (General) Commencement: 31/12/2014. Commencement: 1/1/2015. Rules 2014 Circuit Court Rules (Lugano Number: SI 598/2014 Rules of the Superior Courts A list of all recent acts and statu- Convention and Maintenance Amend order 12 and order 45E (Order 76) 2014 tory instruments is published in the Regulation) 2014 of the District Court Rules in re- Number: SI 600/2014 free weekly electronic newsletter Number: SI 597/2014 spect of the procedure for vari- Amend order 76, rule 29(1) of LawWatch. Members and trainees Amend the interpretation of terms ous matters, including the giving the Rules of the Superior Courts to who wish to subscribe, please contact and certain orders and forms of of notice to the court, newspaper reduce from €650 to €200 the Mary Gaynor, email: the Circuit Court Rules to facilitate notices, lodging of documents amount required to be deposited [email protected]. law society gazette www.gazette.ie Jan/Feb 2015 BRIEFING 53 regulation
3) Used client funds to discharge which report includes the tribu- Solicitors Disciplinary Tribunal his own personal and office nal’s recommendations as to the Reports of the outcomes of Solicitors Disciplinary Tribunal taxation liabilities, as set out in sanction that should be imposed as inquiries are published by the Law Society of Ireland as provided paragraph 4.8 of the investiga- follows: for in section 23 (as amended by section 17 of the Solicitors tion report of 16 January 2012. 1) That the respondent solicitor be (Amendment) Act 2002) of the Solicitors (Amendment) Act 1994 censured, The tribunal ordered that the mat- 2) That the respondent solicitor In the matter of Paul D Mad- time, or at all, ter go forward to the High Court, pay a sum of at least €20,000 to den, solicitor, formerly practis- 5) Failed to reply adequately or at and the President of the High the compensation fund, ing as Paul Madden & Co, Solic- all to the complainant’s corre- Court, on 28 July 2014, made the 3) That the respondent solicitor itors, The Diamond, Clones, Co spondence in respect of a named following order: pay a sum of €500 as restitution Monaghan, and in the matter former client and, in particu- 1) That the respondent solicitor to his named client, of the Solicitors Acts 1954-2011 lar, letters dated 11 September not be permitted to practise as 4) That the respondent solicitor [10035/DT17/14] 2012, 7 November 2012, 13 a sole practitioner or in partner- pay a sum of €750 in relation to Law Society of Ireland (applicant) December 2012, 17 December ship and that he be permitted his client’s expenses. Paul D Madden (respondent 2012, 21 January 2013 and 18 only to practise as an assistant solicitor) February 2013 respectively, solicitor in the employment and The respondent solicitor appealed On 21 July 2014, the Solicitors 6) Failed to respond adequately or under the direct control and su- the findings of the tribunal and, on Disciplinary Tribunal found the at all to the Society’s correspon- pervision of another solicitor of 23 September 2014, the President respondent solicitor guilty of mis- dence in respect of the second at least ten years’ standing, to of the High Court dismissed the conduct in his practice as a solici- complaint and a named former be approved in advance by the respondent solicitor’s appeal and tor, in that he: client and, in particular, letters Society, upheld the tribunal’s findings of 1) Failed to hand over to the com- dated 28 March 2013, 25 April 2) That the respondent solicitor misconduct and recommendations plainant a file belonging to a 2013, 13 May 2013 and 27 May pay the whole of the costs of the as to sanction, save and except the named client, concerning a road 2013 respectively. Society to be taxed by a taxing recommendation to pay a sum of traffic accident dated 28 August master of the High Court in de- at least €20,000 to the compensa- 2010, on foot of his former cli- The tribunal ordered that the re- fault of agreement. tion fund. ent’s authority forwarded under spondent solicitor: letter dated 11 September 2012, 1) Do stand censured, In the matter of Gerald Kean, In the matter of Fergus Ap- expeditiously, within a reason- 2) Pay the sum of €10,000 to the solicitor, of Kean Solicitors, pelbe, solicitor, formerly pract- able time, or at all, compensation fund, 2 Upper Pembroke Street, ising in the firm of PJ O’Driscoll 2) Failed to respond adequately 3) Pay the sum of €5,000 towards Dublin 2, and in the matter & Sons, Solicitors, 41 South or at all to the complainant’s the costs of the Society. of an application by a named Main Street, Bandon, Co Cork, correspondence in respect of client [3946/DT67/12 and and now practising as Appelbe a named former client and, In the matter of John F Proctor, High Court Record 2014 no 79 & Co, Solicitors, 34 South Main in particular, letters dated 11 solicitor, formerly practising as SA and 125SA] Street, Bandon, Co Cork, and in September 2012, 17 October JF Proctor & Company, Solici- Named client (applicant) the matter of the Solicitors Acts 2012, 7 November 2012, 27 tors, 230 Swords Road, Santry, Gerald Kean (respondent 1954-2011 [2398/DT104/11 November 2012, 13 December Dublin 9, and in the matter solicitor) and High Court record 2014 no 2012, 21 January 2013 and 18 of the Solicitors Acts 1954- On 14 May 2014, the Solicitors 101 SA] February 2013 respectively, 2011 [5162/DT25/13 and High Disciplinary Tribunal found the Law Society of Ireland (applicant) 3) Failed to respond to the Society’s Court record 2014 no 93SA] respondent solicitor guilty of mis- Fergus Appelbe (respondent correspondence in respect of Law Society of Ireland (applicant) conduct in his practice as a solici- solicitor) the first complaint regarding a John F Proctor (respondent tor, in that he: On 17 February 2014, the Solici- named former client adequately solicitor) 1) Knowingly misled the applicant tors Disciplinary Tribunal found or at all and, in particular, letters On 25 March 2014, the Solicitors into believing a notice of inten- the respondent solicitor guilty of dated 28 March 2013, 25 April Disciplinary Tribunal found the tion to defend had been submit- misconduct in his practice as a so- 2013, 14 May 2013 and 27 May respondent solicitor guilty of mis- ted, licitor, in that he: 2013 respectively, conduct in his practice as a solici- 2) Failed to lodge an appeal against 1) Failed to stamp deeds in respect 4) Failed to hand over a file be- tor, in that he: the decree obtained summarily, of named properties at Cork in longing to a named former cli- 1) Allowed a shortfall in the client 3) Knowingly misled the applicant March 2005 or at an appropriate ent to the complainant in rela- account of €281,568.84 as of 31 into believing an appeal had time, tion to a road traffic accident on December 2011, been lodged and accepted with 2) Altered a deed in or about 28 August 2010, despite being 2) Allowed 22 credit balances on regard to the summary judg- January/February 2010 so as to furnished with an authority ex- office (client matter related) led- ment. falsely show the said properties ecuted by his former client from ger accounts totalling €1,114.91 being transferred to the respon- the complainant under letter as of 31 December 2011, in The tribunal ordered that the Law dent solicitor and his wife for dated 11 September 2012 ex- breach of regulation 10(5) of the Society bring the report of the €500,000 instead of €3.285 peditiously, within a reasonable Solicitors Accounts Regulations, tribunal before the High Court, million, and 54 BRIEFING law society gazette www.gazette.ie Jan/Feb 2015 regulation
3) Updated or caused to be updated and/or any company in which (Amendment) Act 1994 on 5 In the matter of Ambrose the said deed, thereby avoiding he or they are directors and/or October 2010 in a timely man- Steen, solicitor, and in the mat- interest and penalties for late shareholders, ner or at all, ter of the Solicitors Acts 1954- stamping, 3) That the respondent solici- 6) Failed to comply with an order 2011 [2851/DT55/13, 2851/ 4) Falsely represented to the tor pay the Society the whole made by the President of the DT149/13, 2851/DT164/13, Revenue Commissioners that the of its costs, including witness High Court on 20 December 2851/DT171/13 and 2851/ original transfer was to the re- expenses for the Solicitors 2010 that he deliver to the DT07/14 and High Court re- spondent solicitor and his wife, Disciplinary Tribunal proceed- Society all files and documents cord 2014 no 129 SA] 5) Falsely represented to the ings, to be taxed in default of in his possession in relation Law Society of Ireland (applicant) Revenue Commissioners that the agreement, to this complaint and that he Ambrose Steen (respondent warehouse section of the property 4) That the respondent solicitor respond appropriately to the solicitor) had been transferred to a named pay the Society the costs of the Society’s correspondence within company for a consideration of High Court proceedings, to be seven days of the making of the 2851/DT55/13 €300,000 in February 2010 and/ taxed in default of agreement. order, On 19 June 2014, the Solicitors or falsely executed such a deed, 7) Failed to attend the meeting Disciplinary Tribunal found the and/or In the matter of Niall O’Kelly, of the Complaints and Client respondent solicitor guilty of 6) Falsely represented to the a solicitor previously practis- Relations Committee on 26 professional misconduct in his Revenue Commissioners that the ing as Niall O’Kelly Solicitors, June 2012, despite being re- practice as a solicitor, in that he balance of the property had been 52 Fortfield Park, Terenure, quired to do so. had: transferred into the sole name Dublin 6W, and in the mat- 1) Failed to comply with an un- of the respondent solicitor’s wife ter of the Solicitors Acts 1954 5202/DT11/13 dertaking furnished to EBS with no stamp duty implications -2011 [5202/DT156/12, 5202/ On 13 February 2014, the Solici- dated 19 March 2002 in respect in February 2010, and/or DT11/13 and High Court 2014 tors Disciplinary Tribunal found of his named clients and prop- 7) Failed to stamp a deed in no 116SA] the respondent solicitor guilty of erty at Navan, Co Meath, in a November 2005 or at the appro- Law Society of Ireland (appli- professional misconduct in his timely manner or at all, priate time in respect of the pur- cant) practice as a solicitor, in that he: 2) Failed to respond to the chase by the respondent solicitor’s Niall O’Kelly (respondent 1) Failed to comply in a timely Society’s letters of 8 December daughter of lands and a garage at solicitor) manner or at all with an un- 2011 and 5 January 2012 in a Bandon, Co Cork, and/or dertaking furnished to the timely manner or at all. 8) Updated or caused to be updated 5202/DT156/12 complainants on 1 April 2003 the said deed in relation to his On 13 February 2014, the Solici- in respect of his named clients 2851/DT149/13 daughter in the purchase of this tors Disciplinary Tribunal found and borrowers and a property in On 19 June 2014, the Solicitors property, thereby avoiding inter- the respondent solicitor guilty Walkinstown, Disciplinary Tribunal found the est and penalties for late stamping of professional misconduct in his 2) Failed to respond in a time- respondent solicitor guilty of of the deed, and practice as a solicitor, in that he: ly manner or at all to the professional misconduct in his 9) Gave undertakings to both Bank 1) Failed to protect his client’s Society’s correspondence and, practice as a solicitor, in that he: of Ireland and Allied Irish Banks interest in relation to her pro- in particular, the Society’s let- 1) Failed to comply with an un- at the same time in respect of posed case against a builder re- ters of 19 December 2011, 18 dertaking furnished to ICS named lands in Bandon, Co Cork. lating to repairs to her home by January 2012, 7 March 2012, Building Society on 9 June allowing this claim to become and 4 April 2012 within the 1998 in respect of his named The tribunal ordered that the mat- statute barred, time specified, clients and property at Navan, ter go forward to the High Court, 2) Failed to act on his client’s in- 3) Failed to attend the meeting Co Meath, in a timely manner and the President of the High Court structions in relation to the of the Complaints and Client or at all, made the following orders on 13 purchase of the freehold of a Relations Committee on 2 May 2) Failed to respond to the Society’s October 2014: property in Dublin 8, despite 2012, despite being required to letters of 20 December 2011 in a 1) That the respondent solicitor not being paid to do so, do so. timely manner or at all. be permitted to practise as a sole 3) Failed to comply with the direc- practitioner or in partnership and tions given by the Complaints The tribunal referred both matters 2851/DT164/13 that he only be permitted to prac- and Client Relations forward to the President of the On 19 June 2014, the Solicitors tise as an assistant solicitor in the Committee at its meeting on 7 High Court, and, on 20 October Disciplinary Tribunal found the employment and under the direct July 2010, 2014, the President of the High respondent solicitor guilty of control and supervision of a solic- 4) Failed to respond to the Court ordered that the respon- professional misconduct in his itor of at least ten years’ standing Society’s correspondence of 30 dent solicitor’s name be struck off practice as a solicitor, in that he: to be approved in advance by the March 2010, 30 April 2010, 12 the Roll of Solicitors and ordered 1) Failed to comply with an un- Society, July 2010, and 5 October 2010 that the respondent solicitor pay dertaking furnished to Bank of 2) That the respondent solicitor be in a timely manner or at all, the whole of the costs of the Soci- Ireland on 17 May 2002 in re- precluded from acting as a solici- 5) Failed to comply with the stat- ety, to be taxed by a taxing master spect of his named clients and tor on his own behalf and/or on utory notice served pursuant of the High Court in default of property at Navan, Co Meath, behalf of his immediate family to section 10 of the Solicitors agreement. in a timely manner or at all, law society gazette www.gazette.ie Jan/Feb 2015 BRIEFING 55 regulation
2) Failed to respond to the of Ireland on 10 January 2002 professional misconduct in his The tribunal referred the mat- Society’s letters of 24 October in respect of his named client practice as a solicitor, in that he: ters forward to the President of 2011 and 14 December 2011 in and property at Kilcloon, Co 1) Failed to comply with an un- the High Court and, on 3 No- a timely manner or at all. Meath, in a timely manner or at dertaking furnished to Bank vember 2014, the President of all, of Ireland on 10 January 2002 the High Court ordered that the 2851/DT171/13 2) Failed to respond to the Society’s in respect of his named client respondent solicitor’s name be On 19 June 2014, the Solicitors letter of 20 December 2011 in a and property at Kilcloon, Co struck off the Roll of Solicitors Disciplinary Tribunal found the timely manner or at all. Meath, in a timely manner or and ordered that the respondent respondent solicitor guilty of at all, solicitor pay the whole of the professional misconduct in his 2851/DT07/14 2) Failed to respond to the costs of the Society, to be taxed practice as a solicitor, in that he: On 19 June 2014, the Solicitors Society’s letters of 24 October by a taxing master of the High 1) Failed to comply with an un- Disciplinary Tribunal found the 2011 and 24 December 2011 in Court in default dertaking furnished to Bank respondent solicitor guilty of a timely manner or at all. of agreement.
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“I cannot thank Make-A-Wish enough for coming into our lives. Having to cope with a medical condition every hour of everyday is a grind. But Make-A-Wish was amazing for all of us. To see your children that happy cannot be surpassed and we think of/talk about that time regularly bringing back those feelings of joy happiness and support.” Wish Mother
If you would like more information on how to leave a legacy to Make-A-Wish, please contact Susan O’Dwyer on 01 2052012 or visit www.makeawish.ie 56 BRIEFING law society gazette www.gazette.ie Jan/Feb 2015
eurlegal News from the EU and International Affairs Committee Edited by TP Kennedy, Director of Education, Law Society of ireland CALCULATING FINES FOR COMPETITION INFRINGEMENTS
n 12 November 2014, the of the fine the sales of flat glass that objectively justified. In the present text and the objectives pursued by Court of Justice of the EU was to be processed by a division of case, inasmuch as the commission the scheme of penalties created by Odelivered its judgment in the undertaking or by a company in took the view that the anticom- Regulation 1/2003, the intended Guardian Industries and Guardian Eu- the same group. As the existence of petitive arrangements related only impact on the undertaking in ques- rope v Commission, in which it exam- anticompetitive conduct was estab- to the price of flat glass invoiced to tion, taking into account in par- ined the question of whether or not lished only in respect of sales to in- independent customers, the exclu- ticular a turnover that reflects the the commission should take account dependent customers, according to sion of internal sales from the cal- undertaking’s real economic situa- of internal sales in assessing the level the General Court, the commission culation of the fine in the case of tion during the period in which the of fines for infringements of EU could not be criticised on the ground vertically integrated members of infringement was committed (Case competition law. that it excluded the internal sales of the cartel meant only that it treated C76/06, Britannia Alloys & Chemi- The commission found that the vertically integrated objectively differ- cals v Commission, paragraph 25). undertakings Guardian, Asahi Glass, members of the ent situations dif- The court highlighted that, ac- Pilkington and Saint-Gobain had cartel from the cal- The CJEU stated ferently. The Gen- cording to its settled case law, it is participated in a single and continu- culation of the fine. that such a eral Court held permissible, for the purpose of fix- ous infringement of article 81(1) of Nor could the com- that, consequently, ing the fine, to have regard both to the EC Treaty (now article 101 of mission be criti- reward for being it cannot be argued the total turnover of the undertak- the Treaty on the Functioning of the cised on the ground secretive would that the commis- ing – which gives an indication, European Union), consisting in price- that it did not state ‘ sion infringed the albeit approximate and imperfect, fixing in the flat-glass sector in the the reasons for the also adversely principle of non- of the size of the undertaking and European Economic Area (EEA). exclusion of those affect the objective discrimination. of its economic power – and to the As regards the Guardian undertak- sales from the cal- proportion of that turnover ac- ing, the commission found it guilty culation of the fine. of the effective On appeal counted for by the goods in respect of that infringement in respect of The General investigation and The CJEU, on ap- of which the infringement was the period from 20 April 2004 to 22 Court referred to peal, stated that it committed, which gives an indi- February 2005 and on that basis im- the fact that it has sanctioning of had to be recalled cation of the scale of the infringe- posed a fine of €148 million jointly not been estab- infringements of that the principle ment. The CJEU noted that it was and severally on Guardian Industries lished that the ver- of equal treatment apparent from its case law that, Corp and Guardian Europe Sàrl. tically integrated article 81 EC was a general prin- although article 23(2) of Regula- The General Court upheld the de- members of the ciple of EU law, tion 1/2003 leaves the commission cision of the commission. Guardian cartel that supplied the products enshrined in articles 20 and 21 of a discretion, it nevertheless limits sought to set aside the judgment of concerned to divisions of the same the Charter of Fundamental Rights the exercise of that discretion by the General Court insofar as the undertaking, or to companies that of the ’European Union. According establishing objective criteria to General Court upheld the exclusion are part of the same group of un- to settled case law, that principle which the commission must ad- by the commission in its decision of dertakings, drew an indirect advan- required that comparable situa- here. Thus, first, the amount of the the sales made between companies in tage from the price increase agreed tions must not be treated differ- fine that may be imposed on an un- the same group (the ‘internal sales’) on, or that the price increase in the ently and that different situations dertaking is subject to a quantifi- in the calculation of the fines im- upstream market resulted in an anti- must not be treated in the same able and absolute ceiling, with the posed on the other addressees of that competitive advantage in the down- way unless such treatment is ob- result that the maximum amount decision (Guardian was not vertically stream market for processed flat jectively justified (Case C550/07, of the fine that can be imposed on integrated). glass. Lastly, as regards the argument Akzo Nobel Chemicals and Akcros a given undertaking can be deter- The General Court, in its decision that the commission infringed the Chemicals v Commission, paragraphs mined in advance. Secondly, the that was the subject of the appeal to principle of non-discrimination by 54 and 55). The court pointed out exercise of that discretion is also the CJEU, upheld the approach tak- excluding the captive sales from the that the second subparagraph of limited by rules of conduct that the en by the commission. The General calculation of the fine, the General article 23(2) of Regulation 1/2003 commission imposed on itself, in Court referred to the finding by the Court stated that it must be borne in provides that, for each undertaking particular in the 2006 guidelines commission that the anticompeti- mind that, according to settled case and association of undertakings on the method of setting fines tive agreements related to sales of law, the principle of equal treatment participating in the infringement, imposed pursuant to article 23(2) flat glass to independent customers, or non-discrimination requires that the fine may not exceed 10% of (a) of Regulation 1/2003 (OJ 2006 and it therefore used those sales in comparable situations must not be its total turnover in the preceding C210/2). order to calculate the basic amount treated differently and that different business year. The commission The court referred to point of the fines. The commission there- situations must not be treated in the must assess, in each specific case 13 of the 2006 guidelines, which fore excluded from the calculation same way unless such treatment is and having regard both to the con- states: “In determining the basic law society gazette www.gazette.ie Jan/Feb 2015 BRIEFING 57 eurlegal CALCULATING FINES FOR COMPETITION INFRINGEMENTS
House of glass – vertically integrated in a big way
amount of the fine to be imposed, of the infringement committed by in processed goods made up of, undertakings are in a comparable the commission will take the value a particular undertaking, since the among other things, the goods that situation to that of non-vertically of the undertaking’s sales of goods mere fact that a limited amount of are the subject of the infringement. integrated producers. Those two or services to which the infringe- direct evidence of sales actually af- This is so for two different reasons: types of undertaking must there- ment directly or indirectly … fected by the cartel had been found either those undertakings pass on fore be treated equally. Excluding relates in the relevant geographic would lead to the imposition of a the price increases in the inputs as internal sales from the relevant area within the EEA.” Point 6 of the fine that bore no actual relation to a result of the infringement in the turnover would effectively favour guidelines states: “The combination the scope of application of the car- price of the processed goods, or the first type of undertaking by of the value of sales to which the in- tel in question. The CJEU stated they do not pass those increases reducing its relative weight in the fringement relates and of the dura- that such a reward for being secre- on, which thus effectively grants infringement to the detriment of tion of the infringement is regarded tive would also adversely affect the them a cost advantage in relation the other undertakings, on the as providing an appropriate proxy to objective of the effective investiga- to their competitors, which obtain basis of a criterion having no con- reflect the economic importance of tion and sanctioning of infringe- those same inputs on the market nection with the objective pursued the infringement as well as the rela- ments of article 81 EC (now article for the goods that are the subject when that turnover is determined, tive weight of each undertaking in 101 TFEU) and, therefore, cannot of the infringement. namely that of reflecting the eco- the infringement.” be permitted. The CJEU underlined that nomic importance of the infringe- The court held that it follows The court noted that the pro- it was for that reason that the ment and the relative weight of that point 13 of the 2006 guidelines portion of the overall turnover courts of the European Union each of the undertakings that took pursues the objective of adopting, deriving from the sale of prod- have always rejected pleas in part in it. as the starting point for the calcula- ucts in respect of which the in- which vertically integrated pro- The CJEU held that the Gen- tion of the fine imposed on an un- fringement was committed was ducers have sought to have their eral Court failed to have regard dertaking, an amount that reflects best able to reflect the economic internal sales excluded from the to the principles of the case law the economic significance of the importance of that infringement. turnover figure used as a basis for summarised above in relation to infringement and the relative size A distinction must not therefore calculating their fine. equal treatment and upheld the of the undertaking’s contribution to be drawn between those sales de- The CJEU pointed out that, appeal insofar as Guardian alleged it. Consequently, while the concept pending on whether they are to in accordance with its settled case an infringement of the principle of the value of sales referred to in independent third parties or to law, when the amount of the fine of equal treatment, and there was point 13 of those guidelines admit- entities belonging to the same un- is determined, there cannot, by the no need to adjudicate on that same tedly cannot extend to encompass- dertaking. To ignore the value of application of different methods ground insofar as it relates to the ing sales made by the undertaking in the sales belonging to that latter of calculation, be any discrimina- alleged infringement by the Gen- question that do not fall within the category would inevitably give an tion between the undertakings that eral Court of the obligation to scope of the alleged cartel, it would, unjustified advantage to vertically have participated in the same in- state reasons. Consequently, the however, be contrary to the goal integrated companies by allowing fringement of article 81 EC (now appeal was allowed and the judg- pursued by that provision if that them to avoid the imposition of article 101 TFEU). ment under appeal set aside inso- concept were to be understood as a fine proportionate to their im- The court held that, for the pur- far as it rejected the plea alleging applying only to turnover achieved portance on the product market poses of assessing the proportion infringement of the principle of by the sales in respect of which it to which the infringement relates. of the overall turnover deriving non-discrimination as regards the is established that they were actu- In addition to the anticipated ben- from the sale of products that are calculation of the amount of the ally affected by that cartel (Case efit from a horizontal price-fixing the subject of the infringement, fine, and Guardian was C-444/11, Team Relocations and Oth- agreement when sales are made to a distinction must not be drawn ordered to pay the costs. ers v Commission, paragraph 76). independent third parties, verti- between internal sales and sales to Such a limitation would, in addition, cally integrated undertakings may independent third parties. It fol- Marco Hickey is head of EU, Compe- have the effect of artificially mini- also benefit from such an agree- lows that, in order to determine tition and Regulated Markets at LK mising the economic significance ment on the downstream market that turnover, vertically integrated Shields Solicitors. 58 NOTICES law society gazette www.gazette.ie Jan/Feb 2015 professional notices
WILLS RATES Breen, Joseph (deceased), late of Stonetrough, Knockbridge, Dundalk, Co Louth. Would any professional notice rates person having knowledge of any will made by the above-named RATES IN THE PROFESSIONAL NOTICES SECTION ARE AS FOLLOWS: deceased, who died on 3 March • Wills – €147 (incl VAT at 23%) 2014, please contact Connolly • Title deeds – €294 per deed (incl VAT at 23%) Maguire, Solicitors, Dundalk • Employment/miscellaneous – €147 (incl VAT at 23%) Club, Roden Place, Dundalk, Co Louth; tel: 042 933 8010, email: HIGHLIGHT YOUR NOTICE BY PUTTING A BOX AROUND IT – €33 EXTRA [email protected] ALL NOTICES MUST BE PAID FOR PRIOR TO PUBLICATION. CHEQUES SHOULD BE MADE Dillon, Moya (deceased), late of 8 New Row, Chapelizod, Dub- PAYABLE TO LAW SOCIETY OF IRELAND. Deadline for March 2015 Gazette: 19 February 2015. lin 20. Would any person having For further information, contact the Gazette office on tel: 01 672 4828 (fax: 01 672 4877). knowledge of any will made by the No recruitment advertisements will be published that include references to years of post-qualification experi- above-named deceased, who died ence (PQE). The Gazette Editorial Board has taken this decision based on legal advice, which indicates that on 19 October 2012, please con- such references may be in breach of the Employment Equality Acts 1998 and 2004. tact Michael J Kennedy & Com- pany, Solicitors, Parochial House, Baldoyle, Dublin 13; tel: 01 832 Co Wicklow; tel: 0402 32928, Wicklow; tel: 01 286 5700, email: O’Doherty, Michael (deceased), 0230, email: f.cullivan@mjksolici- fax: 0402 32272, email: fergus@ [email protected] formerly of 7 Dollymount Park, tors.com cookekinsella.ie Clontarf, Dublin 3, and lately of Murphy, Hunter (deceased), late Warendorpstr 70, D-23554 Lu- Geoghegan, Thomas (de- MacDonald, Ronald (de- of Oakfield House, Stocking Lane, beck, Germany. Would any solici- ceased), late of Inis Cláir, Kildys- ceased), late of Ashley, 17a Rathfarnham, Dublin 16. Would tor holding or having knowledge of art Road, Ennis, Co Clare, and Booterstown Avenue, Co Dublin. any person having knowledge of any will made by the above-named formerly of Ballingate, Carnew, Would any person having knowl- any will made by the above-named deceased, who died in Poland on 7 Co Wicklow. Would any person edge of any will made by the deceased, who died on 5 Novem- October 2014, please contact Ger- having knowledge of a will execut- above-named deceased, who died ber 2014, please contact Cogan- ry Kelly, solicitor, O’Callaghan ed by the above-named deceased, on 25 August 2014, please con- Daly, Solicitors, Brighton House, Kelly, 51 Mulgrave Street, Dun who died on 26 September 2013, tact Brendan Maloney & Com- 50 Terenure Road East, Rathgar, Laoghaire, Co Dublin; tel 01 280 please contact Cooke & Kinsella, pany, Solicitors, Kilbride Cot- Dublin 6; tel: 01 490 3394, email: 3399, fax: 01 280 9221, email: ger- Solicitors, Wexford Road, Arklow, tage, Killarney Road, Bray, Co [email protected] [email protected] law society gazette www.gazette.ie Jan/Feb 2015 NOTICES 59 professional notices
Ó’Foghlú, Diarmuid (deceased), West, Dublin 7, who died on MISCELLANEOUS ply to the county registrar for the late of 30 James Connelly Square, 6 August 2014 in Connolly Excellent general practice for county of Galway for such direc- Bray, Co Wicklow, who died on Hospital, Dublin. Would any sale in the Midlands. Suit ambi- tions as may be appropriate on the 23 October 2014. Would any per- person having knowledge of the tious person looking to work for basis that the person or persons son who has any knowledge of the whereabouts of any will made by themselves with the aid of an ex- beneficially entitled to the superi- whereabouts of any will made by the above-named deceased please perienced retiring practitioner. or interests including the freehold the above-named deceased please contact Fagan Bergin Solicitors, Please reply in complete confi- reversion in the said premises are contact Frank Walsh & Co, Solici- 57 Parnell Square West, Dublin dence to box no 02/01/15 unknown or unascertained. tors, ‘Rectory View’, Church Hill, 1; DX 266 003 Parnell Square; Date: 6 February 2015 Enniskerry, Co Wicklow; tel: 01 tel: 01 872 7655, email: info@ TITLE DEEDS Signed: A Gerard Moylan & Co 286 6400, fax: 01 286 6813, email: faganbergin.com In the matter of an applicant (solicitors for the applicant), [email protected] under the Landlord and Tenant Loughrea, Co Galway Walsh, Michael, Peter and (Ground Rents) Acts 1967-2005 Scully, Catherine/Katherine/ James (deceased), late of Letter and in the matter of the Land- In the matter of the Landlord Kathleen (deceased), late of 6 Fir, Inverin, Spiddal, in the county lord and Tenant (Ground Rents) and Tenant Acts 196-2005 and in The Crescent, Griffith Downs, of Galway, who died on 6 March No 2) Act 1978 and in the mat- the matter of Landlord and Ten- Drumcondra, Dublin 9. Would 2014 (Michael), 24 June 2014 ter of an application by Antho- ant (Ground Rents) (No 2) Act any person having knowledge of (James) and in or around 2012 ny Gerard Moylan and in the 1978 and in the matter of the any will made by the above-named (Peter), precise date unknown. matter of lands situate at Main premises known as St Joseph’s deceased, who died on 14 Novem- Would any person having knowl- Street, Loughrea, in the county Convent, Portland Row, Dub- ber 2014, please contact Michael edge of a will made by the above- of Galway lin 1; 1 Duke Row Dublin 1; 67 J Kennedy & Company, Solici- named deceased, or if any firm is Any person having a freehold inter- Summerhill, Dublin 1; 68 Sum- tors, Parochial House, Baldoyle, holding said will, please contact est or any intermediate interest in merhill, Dublin; 69 Summerhill, Dublin 13; tel: 01 832 0230, email: Claire Reilly, Crowley Millar, So- all that and those part of the lands Dublin 1, and plot of ground [email protected] licitors, 15 Lower Mount Street, situate at Main Street, Loughrea, to rear of 68 and 69 Summer- Dublin 2; tel: 01 676 1100, fax: in the county of Galway, contain- hill, Dublin 1; 3-6 Buckingham Stack, Brid (deceased), late of 01 676 1630, email: clairereilly@ ing 0.016 hectares or thereabouts Street Dublin 1, and plot of 266 Sundrive Road, Crumlin, crowleymillar.com metric measure and more particu- ground to rear of 5 and 6 Buck- Dublin 12, who died on 30 De- larly set out in the map annexed to ingham Street, Dublin 1; and 7 cember 2014. Would any person RECRUITMENT an indenture of assignment dated 5 and 8 Bailey’s Row, Dublin 1: having knowledge of a will made Solicitor – specialist in personal June 1962 between John Hanafin an application by PJ McGrath, by the above-named deceased insolvency and debt recovery of the one part and Anthony Ge- Mary McGrath and Thomas or if any firm is holding same, defence, with extensive commer- rard Moylan of the other part and McGrath please contact Garrett Fitzpat- cial property experience and good thereon coloured pink, being part Take notice that any person hav- rick Solicitors, 1A McDermott potential client base – seeking to of the premises the subject mat- ing an interest in the freehold es- Street, Gorey, Co Wexford; tel: join an existing practice that may ter of a lease dated 9 August 1918 tate or any superior interest in the 053 948 4450, email: enquiries@ need part-time assistance and that between the honourable Sir John following properties: St Joseph’s gfitzpatrick.com would be interested in an oppor- Edward Power Wallis Knight of Convent, Portland Row, Dublin tunity to develop/resource a per- the one part and John J Hanafin 1, being the lands comprised in Storey, James Henry (deceased), sonal insolvency specialist client of the other part for a term of 99 an indenture of assignment dated late of 45 Ratoath Estate, Cabra base. Reply to box no 01/01/15 years from 1 July 1918 at a rent of 12 February 1993 and made be- £13 per annum. Take notice that tween St Laurence O’Toole Di- the applicant intends submitting ocesan Trust, Nora M Daly and an application to the county reg- Young Ambitious Solicitor istrar for the county of Galway for the acquisition of the freehold Is your client Wanted interest in the aforesaid property, and any party asserting that they interested in selling TO TAKE OVER hold a superior interest in such or buying a property are called upon to furnish Existing Law Practice evidence of title to the same to the 7-day liquor licence? below signed within 21 days from Dublin Based – General Practice the date of this notice. If so, contact Liquor Existing Practitioner Retiring In default of any notice as re- Licence Transfers ferred to above being received, the Contact Haydon Chartered Accountants applicant intends to proceed with the application before the county Contact (01) 2051700 or [email protected] registrar at the expiry of the said 0404 42832 period of 21 days and will then ap- DIPLOMA CENTRE
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Diploma Gazette full page ad Jan Feb 2015.indd 1 21/01/2015 14:21 law society gazette www.gazette.ie Jan/Feb 2015 NOTICES 61 professional notices
Margaret M Hurley of the one indenture of lease dated 26 March indenture of assignment dated 21 ourable Stratford to Barry Colles part, and Patrick J McGrath, Mary 1871 and made between William November 1995 and made be- Meredith, lease made 22 March McGrath and Thomas McGrath Duke Moore of the one part and tween Stephen Lambe of the one 1791 Stephen Edward Rice to Bar- of the other part, and being part of John McCann of the other part part and PJ McGrath of the other ry Colles Meredith, lease made 19 the lands held under an indenture for a term of 990 years from 29 part and being the lands demised by March 1792, Robert Walson Wade of lease dated 25 April 1793 and September 1791; 69 Summerhill, lease made 29 September 1928 be- to Barry Colles Meredith, and sub- made between Valentine Dunne Dublin 1, held under indenture tween Constance Julianna Turpin lease made 25 June 1923, Edwin J of the one part and Henry Phil- of assignment dated 24 March of the one part and Peter Collins Lowry to Nicholas Mulvaney. lips of the other part for a term of 1998 and made between Thomas of the other part for a term of 750 Take notice that PJ McGrath, 997 years from 1 May 1793, sub- Cunningham, Patrick Cunning- years from 1 June 1928 and by sub Mary McGrath and Thomas lease made 24 May 1793 between ham and James Farrell of the one lease made 22 February 1946 be- McGrath intend to submit an ap- Henry Phillips of the one part and part and Thomas McGrath of the tween Peter Collins of the one part plication to the county registrar William Duke Moore of the other other part, being the lands said and Joseph Maguire of the other for the city of Dublin for acquisi- part, and lease made 30 March demised by an indenture of lease part for a term of 500 years from tion of the freehold interest in the 1796 between William Duke dated 3 August 1791 and made 25 March 1945; plot of ground aforesaid properties, and any party Moore of the one part and Pat- between William Duke Moore of to rear of 5 and 6 Buckingham asserting that they hold a superior rick Gannon of the other part; 1 the one part and Joseph Carrick Street, Dublin 1; 7 Bailey’s Row, interest in the aforesaid premises Duke Row, Dublin 1, held under of the other part for a term of 990 Dublin 1, held under deed of as- (or any of them) are called upon to mediation_partnershipv1_Layoutindenture of assignment 1 05/06/2014 dated 26 09:36years fromPage 129 September 1791; signment made on 6 November furnish evidence of the title to the July 2001 and made between Peter 3 and 4 Buckingham Street, 1997 between John McGuirk of aforementioned premises to the Jenkins of the one part and Patrick Dublin 1, held under indenture the one part and Mary McGrath below named within 21 days from J McGrath and Mary McGrath of assignment dated 21 November of the other part, being the lands the date of this notice. In default of of the other part, and being the 1995 and made between Stephen comprised in an indenture of any such notice being received, the lands demised by an indenture Lambe of the one part and PJ lease made 16 May 1804 between applicants intend to proceed with of lease dated 30 April 1822 and McGrath of the other part, be- Hugh Reilly of the one part and the application before the county made between Thomas Wallace of ing part of the lands demised by James Ledwith of the other part registrar at the end of 21 days from the one part and John Keegan of lease dated 28 December 1807 and for a term of 985 years from 1 May the date of this notice and will ap- mediation_partnershipv1_Layoutthe other part for the 1term 05/06/2014 of 900 09:36made betweenPage 1 John Walsh of the 1804; and 8 Bailey’s Row, Dublin ply to the county registrar for the years from 1 November 1821; 67 one part and Christopher Russell 1, held under indenture of assign- city of Dublin for her directions Summerhill, Dublin 1, being the and Peter Russell of the other part ment and made 23 October 1997 as may be appropriate on the ba- lands comprised in folio 147814L for a term of 900 years from 28 between Gerard Cleary of the one sis that the persons beneficially of the Co Dublin register, demised December 1807; plot of ground part and McGrath Group Devel- entitled to the superior interest by lease made 23 August 1792 be- at rear of Buckingham Street, opments Ltd of the other part, including the freehold reversion in tween William Smith of the one Dublin 1, held under indenture of being part of the lands comprised each of the aforesaid premises are part and William Duke Moore of assignment made on 21 November in a lease made 26 October 1790 unknown and ascertained. the other part for the term of 990 1995 between Stephen Lambe of between Joshua Paul Meredith Date: 6 February 2015 years from 29 September 1792; the one part and PJ McGrath of of the one part and Barry Colles Signed: Gandon Law Firm (solicitors 68 Summerhill, Dublin 1, held the other part, being part of the Meredith of the other part, lease for the applicants), 3 Farmhill Road, under indenture of assignment lands comprised in a lease made and made 26 October 1791, Hon- Clonskeagh, Dublin 14 dated 26 July 2001 and made be- 28 December 1807 between John tween Peter Jenkins of the one part Walsh of the one part and Chris- COMMERCIAL MEDIATION and Patrick J McGrath and Mary topher Russell and Peter Russell of McGrath of the other part and be- the other part; 5 and 6 Bucking- PCaOrtMnerMshEip RdisCpIuAtesL MEDIATION ing the lands said demised by an ham Street, Dublin 1, held under PSahratrneehroshldiper d disisppuutetes Shareholder dispute Contract termination Property disputes
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Email: [email protected] Keane McDonald is an executive search fi rm focusing on legal appointments. We specialise in the recruitment of high calibre legal professionals. Applicants are assured the utmost confi dentiality and discretion when working with us.
Opportunities
In-House Regulatory Compliance Lawyer, Dublin Our Client, a global banking institution, is actively seeking an experienced regulatory compliance professional to join their legal team. You will be responsible for managing and executing the regulatory compliance program for the business. Solid experience in fi nancial services compliance is essential as is knowledge of key compliance and regulatory topics such as CRD, AML and Data Protection requirements. A professional legal or compliance qualifi cation is a prerequisite for this opportunity. Banking & Finance Solicitors, Dublin We have a number of vacancies for top calibre experienced Banking Solicitors for opportunities with some of Ireland’s leading fi nance practices. Successful applicants will have solid experience in advising on corporate banking transactions to include secured and unsecured lending, property fi nance, acquisition fi nance, syndicated lending and debt restructuring. These opportunities will suit ambitious lawyers seeking to fast track their career. Corporate Lawyers, Dublin Our Client, a leading law fi rm is seeking top calibre Corporate Lawyers from recently qualifi ed level upwards. You will have the opportunity to work on cutting edge projects in a dynamic and driven environment. Excellent transactional, drafting and communication skills are essential. Top 20 law fi rm background is preferred. Projects Lawyers, Dublin Our Client who has a leading Energy and Projects team in Ireland has immediate openings for outstanding Commercial Lawyers. The team offers a fully integrated end-to-end project delivery service, being able to draw on experts with specialist skills designed to facilitate every stage of project delivery. The successful candidates will work on all aspects of high-end projects ranging from PPPs and regulatory matters to energy and natural resource projects. This is an outstanding opportunity to join one of the best teams in the projects sector. Previous projects experience is not essential but a solid commercial law background is necessary for these positions. Commercial Property Solicitors, Dublin Our Client’s property department is at the forefront of commercial property law in Ireland. They are currently recruiting for a number of Commercial Property Solicitors to join the fi rm. The successful applicants will advise clients on every aspect of commercial property law, in particular on commercial land acquisitions, commercial property developments and tax based property acquisition/ development. Excellent drafting & negotiation skills are essential as is property experience from a large, medium or boutique Commercial Property fi rm. Lawyers, Hong Kong and Dubai Fitzwilliam Business Centre We have a number of exciting roles in Hong Kong and Dubai. Please contact us for 77 Sir John Rogerson’s Quay further details. Dublin 2 To apply for any of the above vacancies, interested applicants should contact Tel: + 353 16401988 Yvonne Kelly in strict confi dence on + 353 16401988. Alternatively please email your CV to [email protected]. Web: www.keanemcdonald.com For a comprehensive list of our vacancies visit our website at Email: [email protected] www.keanemcdonald.com 64 FINAL VERDICT law society gazette www.gazette.ie Jan/Feb 2015 quis custodiet ipsos custodes? Proper choc blocked Consumers in the US are to be denied access to proper chocolate. America’s leading importer of British foods, Let’s Buy British Imports (LBB), has settled a suit brought by Hershey’s and are to stop importing Cadbury’s chocolate. A representative for Hershey’s said LBB and others were importing products not intended for sale in the United States, infringing on its trademark And that’s what an English lit PhD gets you and trade dress licencing. Britain’s Ministry of Justice is campaigners against rules that and reasonable measures relating Hershey’s has a licensing to allow prisoners to receive restricted inmates’ access to books to frequency of parcels and agreement to manufacture books from their loved ones preceded the ruling in a test case security considerations,” ruled Mr Cadbury’s chocolate in the from 1 February 2015, following brought on behalf of a prisoner Justice Collins. United States with similar a December 2014 High Court with a doctorate in English A Prison Service spokeswoman packaging to that used ruling that the policy that literature. commented: “Prisoners have overseas, though – crucially prevented inmates from being sent “I see no good reason, in the access to the same public library – with a different recipe. books should be changed, light of the importance of books for service as the rest of us, and can “It is important for The Guardian reports. prisoners, to restrict beyond what is buy books through the prison Hershey to protect its Months of protests by required by volumetric control … shop. We remain clear that trademark rights and to we will not do anything that prevent consumers from would create a new conduit for being confused or misled,” smuggling drugs and extremist he said. ‘Feudal relics’ of auld materials into our prisons.” dacency face axe Householders affected by so-called ‘lordship rights’ in Britain, including Germans struggle with hunting on third-party land, are calling for the abolition of pre- ze pees and ze queues Norman-conquest law. A German court has finally Judge Stefan Hank insisted that The issue has arisen as a result answered the question that male tenants could not be held of changes to the Land Registration has led to running battles in to account for collateral damage Act 2002, which required titles to Teutonic households, ruling in households and threw the case be recorded by October 2013 if that men can enjoy the privilege out. they were not to be extinguished. of peeing standing up, even In Germany, toilets in cafés, Lordships of the manor can be though, as the male judge put it: cinemas and even private homes bought and sold, with some titles “They must expect occasional are often equipped with stickers being held by charitable and rights owned by a third party. rows with housemates,” reports ordering all male users not to educational institutions. Many had Among those campaigning The Independent. pee im stehen – standing up. been forgotten until the 2002 act against lordship rights is the group The Düsseldorf court’s They often come complete with set down the requirement for the Peasants’ Revolt. They describe decision came after a landlord graphics showing men exactly how recording of titles. manorial rights as “a relic of a tried to retain €1,900 from a to manage the task of urinating About 90,000 claims were system designed over 1,000 years tenant’s €3,000 deposit to pay while sitting down. registered in the year preceding the ago under William the Conqueror”. for repairs to a marble floor that Men have hit back with the deadline, causing many people to Holders of manorial rights, had allegedly ‘lost its sheen’ by term sitzpinkler, implying that any discover for the first time that their however, have objected to calls for being regularly sprinkled with man who urinates sitting down is a homes and land were subject to the abolition of the system. urine. less of a man. MAXIMISE YOUR MARKET POTENTIAL ROGERS is a leading legal recruitment consultancy which provides professional career advice and specialises in sourcing high calibre lawyers for the domestic and international markets.
DUBLIN ROGERS deals closely with a range of top tier and medium sized commercial firms. Current Opportunities exist in the follows areas: • Corporate/Commercial (NQ to Mid Associate) • Real Estate/Property (All levels) • Funds (All levels) • Banking & Finance (All levels) • Aircraft Finance/Leasing (Assistant to Senior Associate) • Financial Regulatory/White Collar Crime (Assistant to Senior Associate) “Being a qualified solicitor enables me to fully LONDON appreciate the nuances Our clients include Magic and Silver Circle firms as well as larger of the legal industry. international practices with offices in the UK. Current Opportunities Furthermore, it has proven exist in the follows areas: to be a tremendous advantage in terms of • Corporate (NQ to Mid Associate level) advising fellow legal • Real Estate/Property (NQ to Mid Associate level) professionals on their • Funds (All levels) respective career options.” • Banking & Finance (Junior to Mid Associate level) The legal market has picked up significantly over the • Capital Markets (All levels) past 10 months and the outlook for 2015 is excellent. • Financial Regulatory (Mid Associate level) As a result of this upturn, our domestic and international • Corporate Restructuring (Mid Associate level) clients have an increased demand for qualified solicitors • Construction & Energy (Mid to Senior Associate level) across a broad range of legal disciplines. If you wish to pursue any market opportunity listed below or if like • Litigation/Dispute Resolution many you fall under the heading of ‘curious but not (Junior to Senior Associate level) actively looking’ then contact us at your convenience to • Employment/Pensions (Mid to Senior Associate) discuss your career options further.
ROGERS also recruits for roles in the United Arab Emirates and the Greg Rogers LL.B, Solicitor Cayman Islands. We currently have a number of roles on in these [email protected] jurisdictions. Contact us to discuss further.
Whether actively searching for a new position or simply curious to know what options are out there for you, contact: Greg Rogers LL.B, Solicitor in strict confidence on +353 (1) 2091917 or via email to [email protected] 6-9 Trinity Street Dublin 2 www.rogers-recruitment.com
Rogers Law - Gazette Advert (3).indd 1 26/01/2015 15:41 www.benasso.com www.benasso.com
www.benasso.com Recognising talent’s one thing... findingRecognising the truly talent’s successful one thing... fitRecognisingfinding is another the truly talent’s successful one thing... findingfit is another the truly successful
Talkfit isto anotherthe Irish Legal Recruitment Specialists Talk to the Irish Legal Recruitment Specialists
A SELECTION OF POSITIONS FOR NOVEMBER 2008 Talk to the Irish Legal Recruitment Specialists WePRIVATE have significant PRACTICE newA opportunitiesSELECTION for OF practitioners POSITIONS across FOR many NOVEMBER practice areas 2008from Recently Qualified to € Asset Finance - Associate to Senior Associate to €100k J00351 Pensions – Senior Associate to Partner level Neg J00183 PartnerPRIVATEA first rate solicitorlevel. PRACTICE isThe being following sought for the are large examples and successful of Asset the Financeroles our Ourclients client, areone ofseeking Ireland’s toleading fill. law Please firms, makeis seeking sure an experiencedto visit Group of this Big 5 firm. The Group has unrivalled expertise in asset finance, Pensions Solicitor to join an expanding team. 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You will have excellent communication and interpersonal skills as well advertisingour website agencies or contact and website Michael owners. Benson The successful bcl solr. candidate in strict will have as a proven track record of business development. Highly competitive salary previousconfidence exposure at: Bensonto IP and &general Associates, commercial Suite work 113, from a recognised and benefits package. practiceFor more together information with sound academics.on these and other vacancies, please visit ourThe websiteCapel Building, or contact St. Michael Mary’s Abbey,Benson Dublin bcl solr. 7. in strict confidenceT +353 (0) at: 1 670Benson 3997 & Associates, E [email protected] Suite 113, Legal Recruitment Specialists www.benasso.comForThe moreCapel information Building, St. on Mary’s these andAbbey, other Dublin vacancies, 7. please visit ourT +353 website (0) or1 670contact 3997 Michael E [email protected] Benson bcl solr. in strict Legal Recruitment Specialists confidence at: Benson & Associates, Suite 113, The2503 Capel Publication: Building, Law St. SocietyMary’s GazetteAbbey, DublinInside Back 7. Page Insertion date: November 08 Size: Full Page Colour Draft 6 T +353 (0) 1 670 3997 E [email protected] Legal Recruitment Specialists 2503 Publication: Law Society Gazette Inside Back Page Insertion date: November 08 Size: Full Page Colour Draft 6
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