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TO BE OR NOT to BE: Is That the Question?

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TO BE OR NOT to BE: Is That the Question? LAW SOCIETY Gazette€3.75 December 2006 TO BE OR NOT TO BE: Is that the question? INSIDE: SOLICITOR DEATH THREAT • CORK LAW SCHOOL • ANNUAL CONFERENCE • PARCHMENT CEREMONIES LAW SOCIETY GAZETTE DECEMBER 2006 CONTENTS On the cover LAW SOCIETY The recent High Court decision on the custody of frozen embryos has raised a host of ethical and legal issues – and the spectre of the debate on Gazette when life begins December 2006 PIC: GETTY IMAGES Volume 100, number 10 Subscriptions: €57 REGULARS 5 News Cork Law School opens 12 Minister Micheál Martin declared the new facility formally opened on 20 November Justice Media Awards 14 RTÉ’s Prime Time scoops the overall award 17 Letters 36 Practice doctor 22 Managing your cash flow 40 People and places 43 Student spotlight 44 Parchment ceremony photographs, 2006 Annual conference 2007 in Cannes: 51 programme schedule Briefing 55 55 Council reports 56 Committee report 57 Practice notes 60 Legislation update: 18 October – 17 November 2006 40 62 Solicitors Disciplinary Tribunal report 63 FirstLaw update 65 Eurlegal: recent developments in European law 69 Professional notices 73 Recruitment advertising Editor: Mark McDermott. Deputy editor: Garrett O’Boyle. Designer: Nuala Redmond. Editorial secretaries: Catherine Kearney, Valerie Farrell. For professional notice rates (lost land certificates, wills, title deeds, employment, miscellaneous), see page 70. Commercial advertising: Seán Ó hOisín, 10 Arran Road, Dublin 9; tel: 837 5018, fax: 884 4626, mobile: 086 811 7116, email: [email protected]. Printing: Turner’s Printing Company Ltd, Longford. Editorial board: Stuart Gilhooly (chairman), Mark McDermott (secretary), Pamela Cassidy, Paula Fallon, Michael Kealey, Mary Keane, Aisling Kelly, Patrick J McGonagle, 43 Ken Murphy, Philip Nolan, William Prentice. 2 www.lawsociety.ie CONTENTS LAW SOCIETY GAZETTE DECEMBER 2006 Get more at lawsociety.ie PROFESSIONAL NOTICES: send your small advert details, with payment, to: Gazette Office, Blackhall Place, Dublin 7, tel: 01 672 4828, or email: [email protected]. Gazette readers can access back issues of the ALL CHEQUES SHOULD BE MADE PAYABLE TO LAW SOCIETY OF IRELAND. magazine as far back as Jan/Feb 1997, right up to the current issue at lawsociety.ie. COMMERCIAL ADVERTISING: contact Seán Ó hOisín, 10 Arran Road, Dublin 9, tel: 01 837 5018, fax: 884 4626, mobile: 086 811 7116, email: [email protected] You can also check out: • Current news HAVE YOU MOVED? Members of the profession should send change-of-address • Forthcoming events, including ‘Finding your details to: IT Section, Blackhall Place, Dublin 7, or to: [email protected] Training Contract’ seminar in Dublin (26 Jan) Subscribers to the Gazette should send change-of-address details to: • Employment opportunities Gazette Office, Blackhall Place, Dublin 7, or to: [email protected] • The latest CPD courses HOW TO REACH US: Law Society Gazette, Blackhall Place, Dublin 7. … as well as lots of other useful information Tel: 01 672 4828, fax: 01 672 4877, email: [email protected] FEATURES COVER STORY: 18 Child in time The recent High Court decision that embryos in vitro are not ‘unborn’ in constitutional terms shows that, while medical and scientific breakthroughs forge ahead, our legal system limps behind, argues Hilary Coveney Tipp for the top 22 Newly-elected President of the Law Society, Philip Joyce, is the fifth president to hail from ‘the Premier County’. Here he talks to Mark McDermott about his student days, his native county, and the plans for his presidency Breaking up is hard to do 26 There are 30,000 millionaires in Ireland, so there may well be some high-earning spouses who would want to protect their assets in the event of a separation or divorce. But there is no obligation on a court to enforce pre-nuptial agreements. Geoffrey Shannon explains 26 In whose interests? 30 In a recent case, a solvent company made an application for a prospective validation order. Brónagh Maher discusses the appropriate test to be applied in this novel situation The big thaw 34 The 1980s saw both the end of the Cold War and numerous assassination attempts. From local and international get-togethers, to provincial and foreign news, the ’80s Gazette presented an intriguing mix of views. Mark McDermott continues this celebration of 100 volumes of the Gazette The Law Society of Ireland can accept no responsibility for the accuracy of contributed articles or statements appearing in this magazine, and any views or opinions expressed are not necessarily those of the Law Society’s Council, save where otherwise indicated. No responsibility for loss or distress occasioned to any person acting or refraining from acting as a result of the material in this publication can be accepted by the authors, contributors, editor or publishers. The editor reserves the right to make publishing decisions on any advertisement or editorial article submitted to this magazine, and to refuse publication or to edit any editorial material as seems appropriate to him. Professional legal advice should always be sought in relation to any specific matter. Published at Blackhall Place, Dublin 7, tel: 01 672 4800, fax: 01 672 4877. Email: [email protected] Law Society website: www.lawsociety.ie 34 www.lawsociety.ie 3 NEWS LAW SOCIETY GAZETTE DECEMBER 2006 nationwide Send your news to: Law Society Gazette, Blackhall Place, Dublin 7, or email: [email protected] ight across the country, Rpresidential bar association chains of office are being passed on, following the recent convening of a number of AGMs. In the capital, David Bergin has become the new president of the DSBA for the coming year, with Michael Quinlan as vice-president and John P O’Malley and Helene Coffey as the new treasurer and programmes’ director respectively. Kevin O’Higgins continues as secretary. Elsewhere, at the Mayo Midland Bar Association AGM The AGM of the Midland Bar Association (MBA) was held in the Prince of Wales, Athlone, on 6 November Solicitors’ Bar Association AGM, 2006. Guests of honour included the Law Society’s newly-elected president, Philip Joyce, and director Pat O’Connor was elected general Ken Murphy. Charles Kelly took over as president of the MBA from Paul Connellan, while Fiona Hunt president in succession to Fiona takes over as secretary from Aoife Cadden. The MBA aims to continue being active in organising CPD McAllister, with Dermot courses for its members during the coming year. (Back row, l to r): Matt Shaw, Robert Marren, Brian Carolan, Peter Jones, Hugh Campbell, John Shaw, Matt Johnston, and Denis Larkin. (Middle row): Rhona Kelly, Hewson as vice-president, Michelle Mellotte, Mary Ward, Barry McLoughlin, Tom Rogers, Bernadette Greene, Paddy Caulfield, Gareth Bourke as secretary and Richard Whelehan, and Martin Reidy. (Front row): Aoife Cadden, Philip Joyce, Charles Kelly, Ken Murphy, Caroline Barry as treasurer. Its Paul Connellan, Fiona Hunt, and Aidan O’Carroll committee, then, is made up from centres around the county and comprise Michael Browne were special guests. We achievement of Brian Gallagher This year, too, we were thrilled (Westport), Jacqui Durkan understand that everyone during his presidency of the with the emergence of Alma (Castlebar), Samantha Geraghty enjoyed an excellent night, and DSBA. Held in sumptuous Sheehan. It was an interesting (Swinford), Charles Gilmartin great credit for its organisation is Georgian surroundings, Brian night for Alma, in that not only (Kiltimagh), Mark Fitzgerald due to Gail Enright, Justin was toasted by his colleagues for was she elected as a new council (Ballinrobe), Mary O’Brien Condon, Fiona Twomey and a truly amazing year on behalf of member, but earlier in the even- (Claremorris), Evan O’Dwyer Jane Anne Rothwell. the bar association, where his ing she was announced the win- (Ballyhaunis), Fiona McAllister The annual dinner of the work rate and achievements were ner for the junior category in the (immediate past-president) and Southern Law Association has truly outstanding. Brian’s awards of excellence. The senior James Cahill (Council member been fixed for 6 February next. humility is such that he will award went to John Gaynor. of the Law Society). In relation to work-related desist from reading these Meanwhile, down south, the matters, the recent High Court comments, but the regard and Remembering Emer Southern Law Association held sittings were presided over by esteem for which he is held in Elsewhere, a very successful quiz its AGM, in which Eamon the President of the High Court the profession is immense. night was organised by the Harrington became the new and were adjudged a great younger members’ committee of president, succeeding Sinead success. A seminar and practical Electoral system the DSBA. This was a fundraiser Behan. The then President of workshop on information It does not always happen but, for cancer research in memory the Law Society, Michael Irvine, technology as a legal research when it does, it adds to the of a young solicitor, Emer Casey and Director General Ken tool was held recently by the interest of any AGM: an election (28), who died from cancer. She Murphy engaged in a lively SLA in association with the for officers. After some years of was working with MOPs. The dialogue with a large attendance. Faculty of Law in UCC. AGM banality, both last year and night was a huge success, with this year have thrown up hotly- over 60 tables full and a ■ CORK ■ DUBLIN contested elections for new significant sum of money raised Great balls of fire Dining in style council members. In Dublin, this for this worthy cause. G A masked ball took place in the A splendid dinner, attended by usually applies to one or two old city jail in Cork. This was a all his council colleagues and places. Last year, we greatly Nationwide is compiled by Kevin fundraiser for Merrymount their partners, was held to benefited from the arrival of both O’Higgins, principal of the Dublin Hospice, and the local judiciary honour the considerable Paddy Kelly and John Hogan.
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