STICKING-PLASTER SOLUTIONS? the Implications of PP V HSE Galaw SOCIETY Ette
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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 IMPORTANT NOTICE FOR ONLINE READERS In order to enhance your enjoyment of the online, interactive version of the Gazette, readers are strongly advised to download the magazine first to their computer or device. Prior to downloading the Gazette, make sure that you are using the most up-to-date versions of your favourite browser, for example, Internet Explorer, Safari, Firefox or Chrome. Difficulty staffing your discovery obligations? n Immediate response lawyers n Fully qualified Barristers & Dan is a qualified barrister and Head of Legal Recruitment with Wallace Myers Solicitors with eDiscovery International. In 2010, he founded Ireland’s first specialist eDiscovery staffing company systems experience which provided barristers and solicitors to law n Last minute discovery staffing firms, organisations and banks on a contract basis as a way of reducing the costs associated n Staffing solutions for law firms with discovery. Since then, Dan has brought and organisations his expertise into Wallace Myers International where he now continues to staff and manage n Document review facilities both small and large scale discovery projects. 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 Get more at No material from the Gazette may be published FSC independently certified wood and paper or used without the permission of the copyright products used by the Law Society Gazette holder. 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