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Summer 2012 Summer 2012 03 THEA Solicitor’S Duty of Care WRIT the JOURNAL of the LAW SOCIETY of NORTHERN IRELAND ISSUE 213 SUMMER 2012 Journal of the LSNI Journal of the LSNI 04 Summer 2012 Summer 2012 03 THEA Solicitor’s Duty of Care WRIT THE JOURNAL OF THE LAW SOCIETY OF NORTHERN IRELAND ISSUE 213 SUMMER 2012 THIS ISSUE Is Strasbourg the last word? Renewable energy ad- BlueChip option 6:Layout 1 15/07/2011 17:47 Page 1 FTI/BLUECHIP/REN/JULY/2011/Final Experts for experts. Reducing Real Estate Risk > Renewable Energy (including Wind • Special policy solutions for portfolio sales (including buy to lets and repossessions). farms) • Dedicated underwriters, with knowledge of • Tailored solutions with specific but negotiable Northern Ireland land law – a simple telephone call policy wordings. away. • Special policy for single or portfolio investment sales. > Find out more For further information about First Title Insurance > Distressed Assets (including plc and details of title-related products available Insolvency and Receiverships) please contact the appointed Northern Ireland • Cover available to replace Representations and representatives: BlueChip Title Solutions Ltd. Warranties to enable safer and faster completions. • Special policy wordings approved by NAMA for relevant use. Gary Mills Derek Young tel +44 (0) 7793814300 tel +44 (0) 7763924935 General Residential and [email protected] [email protected] > www.bluechiptitle.eu www.bluechiptitle.eu Commercial Use • Bespoke policy wordings available for commercial and residential Known Risks. • Comprehensive ‘Good Title’ policy available to include known and unknown risks. > Telephone or Email Underwriting Enquiries To discuss matters directly with our expert underwriting team please contact our Glasgow office: First Title Insurance plc, Suite 5.1, Turnberry House, > 175 West George Street, Glasgow, G2 2LB > 0141 248 9090 > scotinfo@firsttitle.eu > www.firsttitleinsurance.eu BlueChip Title Solutions Ltd is an introducer appointed representative of First Title Insurance plc, which is authorised and regulated by the Financial Services Authority (FSA number: 202103). This material is intended to provide general information only. For specific coverage and exclusions, refer to the policy. First Title Insurance plc is authorised and regulated by the Financial Services Authority. Registration number 202103. Companies House Information: First Title Insurance plc. Registered in England under Company No. 01112603 and Address: International Press Centre, 13th Floor, 76 Shoe Lane, London, EC4A 3JB. Renewable energy ad- BlueChip option 6:Layout 1 15/07/2011 17:47 Page 1 FTI/BLUECHIP/REN/JULY/2011/Final Journal of the LSNI Journal of the LSNI 04 Summer 2012 Summer 2012 03 INDEX SUMMER 2012 PUBLISHERS The Law Society of Northern Ireland 96 Victoria Street THE BELFAST BT1 3GN Tel: 028 9023 1614 WRIT Fax: 028 9023 2606 THE JOURNAL OF THE LAW SOCIETY OF NORTHERN IRELAND ISSUE 213 SUMMER 2012 Experts for experts. E-mail: [email protected] Website: www.lawsoc-ni.org EDITOR Alan Hunter Reducing Real Estate Risk [email protected] DEPUTY EDITORS Peter O’Brien • Special policy solutions for portfolio sales [email protected] > Renewable Energy (including Wind Heather Semple farms) (including buy to lets and repossessions). [email protected] • Dedicated underwriters, with knowledge of Paul O’Connor • Tailored solutions with specific but negotiable Northern Ireland land law – a simple telephone call [email protected] policy wordings. away. ADVERTISING MANAGER • Special policy for single or portfolio investment Karen Irwin THIS ISSUE sales. [email protected] Is Strasbourg the last word? Find out more > DESIGN For further information about First Title Insurance SHO Communications > Distressed Assets (including plc and details of title-related products available Insolvency and Receiverships) DISCLAIMER please contact the appointed Northern Ireland The Law Society of Northern Ireland accepts no 04 Cover Story: • Cover available to replace Representations and representatives: BlueChip Title Solutions Ltd. responsibility for the accuracy of contributed articles Warranties to enable safer and faster completions. or statements appearing in this magazine and any views or opinions expressed are not necessarily those Is Strasbourg the last word? • Special policy wordings approved by NAMA for of the Law Society’s Council, save where otherwise relevant use. Gary Mills Derek Young indicated. No responsibility for loss or distress tel +44 (0) 7793814300 tel +44 (0) 7763924935 occasioned to any person acting or refraining from 08 NIJAC launches eRecruit acting as a result of the material in this publication General Residential and [email protected] [email protected] can be accepted by the authors, contributors, editor 10 North or South – which way to go? > www.bluechiptitle.eu www.bluechiptitle.eu or publishers. The editor reserves the right to make Commercial Use publishing decisions on any advertisement or editorial article submitted to this magazine and to 16 Mediation and confidentiality – part two • Bespoke policy wordings available for commercial refuse publication or to edit any editorial material and residential Known Risks. as seems appropriate to the editor. The Law Society 24 Law Society CPD courses of Northern Ireland does not endorse any goods or • Comprehensive ‘Good Title’ policy available to services advertised, nor any claims or representations include known and unknown risks. made in any advertisement in this magazine. No part 25 IBA Annual Conference is coming to Dublin of this publication may be reproduced without the written permission of the copyholder and publisher, 30 Obituary – Sir Oliver Napier application for which should be made to the publisher. > Telephone or Email Underwriting Enquiries 34 United Nations Human Rights Protection under threat To discuss matters directly with our expert underwriting team please contact our Glasgow office: CHECK IT OUT AT www.lawsoc-ni.org 38 Review of Privacy and Libel Law – the Clash with Press Freedom Writ readers can access back issues 55 Library Update – Liability in Sport First Title Insurance plc, Suite 5.1, Turnberry House, of the magazine as far back as October / December > 175 West George Street, Glasgow, G2 2LB 2000 at www.lawsoc-ni.org - follow Publications link You can also find details on the website about: 0141 248 9090 Please note the alternative route to > Libero database Law Society notice • train and qualify as a solicitor under • Latest CPD courses Regulation 8(3) is being discontinued. > scotinfo@firsttitle.eu • Employment opportunities Notice of Discontinuance • Forthcoming events Applications to register as a Please note that applications under > www.firsttitleinsurance.eu student of the Law Society of Regulation 8(3) will not be accepted Northern Ireland under Regulation after Thursday 30 April 2015 at BlueChip Title Solutions Ltd is an introducer appointed representative of First Title Insurance plc, which is authorised and regulated by the Financial Services Authority (FSA number: 202103). Copy deadline for Sept/Oct 2012 Edition: 8(3) of the Solicitors’ Admission 5.00pm. Anyone who is considering This material is intended to provide general information only. For specific coverage and exclusions, refer to the policy. and Training Regulations 1988 applying under this route must do so First Title Insurance plc is authorised and regulated by the Financial Services Authority. Registration number 202103. Companies House Information: First Title Insurance plc. Registered in England under Company No. 01112603 and Address: International Press Centre, 13th Floor, 76 Shoe Lane, London, EC4A 3JB. Monday 24 September 2012 (“Experienced law clerks”) by that date. Journal of the LSNI 04 Summer 2012 Is Strasbourg the last word? - part one We are grateful to The Honourable Mr Strasbourg Court, featured prominently. This Hence the long established canon of statutory Justice Bernard McCloskey, Chairman, newspaper’s coverage also included a short interpretation that Parliament is presumed not Northern Ireland Law Commission, for this, article, which spoke of: to have legislated in a manner inconsistent the first of a two part article. with the Government’s international treaty “… a perception that the European obligations. This is sometimes expressed The recent storm Convention on Human Rights is little in the form of a principle that municipal more than a criminal’s charter, with little law should conform to public international The European Court of Human Rights bearing on the everyday lives of law law. The pedigree of this principle is (“the Strasbourg Court”) has been in the abiding people in this country. In this unimpeachable.7 It was expressed cogently news recently. In a “debate” which some respect, the European Court of Human by Lord Bridge in the following terms: may consider to have ranged from the Rights has done the cause of human uninformed to the frenzied, there has been rights a great disservice”.5 “… It is already well settled that, in no shortage of eye catching newspaper construing any provision in domestic headlines: A serious charge indeed. Given the particular legislation which is ambiguous in the context, one imagines that there was no sense that it is capable of a meaning “MAY DAY IN WHITEHALL”1 realistic prospect of a pro-Strasbourg Court which either conforms to or conflicts with commentator being afforded column inches. the Convention, the courts will presume “CLARKE ATTACKS EUROPEAN COURT’S Within days, the Home Secretary found an that Parliament intended to legislate in ‘SCANDALOUS’ DELAYS”2 ally in the form
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