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PRIVATE INVESTIGATIONS: Covert Surveillance Evidence in Injury Cases

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PRIVATE INVESTIGATIONS: Covert Surveillance Evidence in Injury Cases Conference call Crossing the lion Fly me to the moon Gerald Kean speaks Calcutta Run does Shannon Airport and the on networking at the the business for the stopover of extraordinary annual conference 13th year in a row rendition flights LAW SOCIETY LAW GAZETTEGAZETTE€3.75 June 2011 PRIVATE INVESTIGATIONS: Covert surveillance evidence in injury cases BUSINESS TO BUSINESS MAGAZINE OF THE YEAR EXPERT WITNESS CONFERENCE 2011 The Honourable Mrs. Justice Fidelma Macken will open The Expert Witness Conference 2011 where the issue of expert evidence in Ireland will be examined by an eminent panel of speakers including: • The LRC Recommendations - Mr. Ray Byrne, Law Reform Commission • The Experts’ Roles & Duties - Mr. Paul Anthony McDermott, Barrister-at-law • Regulation, Accountability & the Expert Witness - Dr. Simon Mills, Barrister-at-law • Expert’s Fees - Mr. Stephen Fitzpatrick, Legal Cost Accountant OPTIONAL PARALLEL SESSIONS INCLUDE: Towards an Integrated System of Justice – Experts and Mediation • Mary Lou O’Kennedy & Phil O’ Hehir, Amicus • Oliver Connolly B.L, ADR Lawyer, Friary Law Procedural Aspects of Giving Expert Evidence Caroline Conroy, Solicitor The Conference merits 5.5 CPD hours Cost: €275.00 (€225.00 for every additional person from the same organisation) ENQUIRIES AND BOOKINGS TO: Date: 23rd June 2011 [email protected]; 01 8788263 Venue: Radisson Royal Blu Hotel, Golden Lane, Dublin 8 For additional information see www.latouchetraining.ie Law Society Gazette www.gazette.ie June 2011 preSident’S meSSaGe 1 PROMOTING CIvIC RESPONSIBILITy s I write this message, former Taoiseach Dr Garrett their time to discuss these FitzGerald has been laid to rest, two days ago. In the matters, and I look forward Awords of President McAleese, he was “a true public to further such meetings. servant and national treasure”. In one of his last articles in One of my initiatives is a The Irish Times, Dr FitzGerald wrote: “A factor common to Forum for Sole Practitioners, a whole range of recent Irish economic and financial failures which is taking place in seems to have been a striking absence of a sense of civic Blackhall Place on 10 June, responsibility throughout our entire society.” which is now fully booked. Closer to home, it seems to me that that civic responsibility The aim is to provide a should guide us in how we vote on the proposal to provide platform for sole practitioners financial support to the SMDF. Firstly, I would like to thank to discuss challenges and everyone who attended the special general meeting on 4 opportunities, explore new May, and those colleagues who contributed. It was the largest ideas, and support future general meeting of the Society, and it was very useful and sustainability and future essential to debate the issues involved. growth. I hope to meet many “Whatever life throws No one is happy with the situation we find ourselves in, but it of you there. It is hoped to at us, our individual appears to me that to apportion blame for the present financial repeat it again in July. position of the SMDF is not helpful. We have to ask ourselves responses will be what the correct decision should be in terms of protecting Mentor scheme all the stronger for colleagues, their clients and the reputation of the profession I am also progressing a as a whole. The financial support proposed is estimated at mentor scheme for newly working together and €200 (€100 net of tax) per practising solicitor per year for ten qualified and young sharing the load” years. The SMDF currently insures 22% of firms (482 firms solicitors. In addition, I with 1,479 solicitors) – until the last two years, the SMDF hope to appoint a Special insured more than 50% of firms. In addition, all solicitors have Mediation Committee to discuss new areas of practice where a colleague or a friend who is, or has been, a member of the mediation can be encouraged. In addition, I will be holding SMDF at one time. In my view, a vote in favour of financial a Legal Information Day on 8 July for charities and NGOs. relief would demonstrate the dignity, honour, integrity, On the social scene, a tennis tournament and barbecue has collegiality and decency of the profession in supporting been organised for solicitors and barristers in aid of the colleagues and numerous members of the public. We might Solicitors’ Benevolent Fund, in Donnybrook Tennis Club on also remember Queen Elizabeth’s words in her historic speech Sunday 26 June at 1.30pm. in Dublin Castle on 18 May when she said: “Whatever life Finally, may I say that, during my career, I have been throws at us, our individual responses will be all the stronger for motivated to serve my clients and colleagues purely for working together and sharing the load.” their benefit. I have no hidden agendas or desire to create any antagonism between colleagues. I may have a tendency Master policy for a greater concern towards the welfare of our more At the time of writing, there is no final decision made in vulnerable clients and colleagues, but for that I make no relation to the master policy issue. A special Council meeting apology. I listen to every colleague who has written to me or on 1 June will debate the issue in full. spoken to me during the year, and I thank you all for your Little over half of my term as president has flown by. contributions. We had a very successful annual dinner, where President During his official visit to Ireland on 23 May 2011, McAleese was our guest of honour and gave an inspiring Barack Obama said, in Dublin: “If anybody ever tells you speech. We also had a most successful annual conference that your problems are too big or your challenges too great, recently, and I would like to thank everyone who attended that we can’t do something, that we shouldn’t even try … and contributed to its success. I, and director general think about all that we have done together. Remember that Ken Murphy, have also met with nine bar associations whatever hardships the winter may bring, springtime is and a number of the larger firms in Dublin to discuss our always just around the corner.” Apt words for our profession challenging issues. I thank all of our colleagues who gave of at this time. G John Costello President 2 contentS Law Society Gazette www.gazette.ie June 2011 Law Society Gazette Volume 105, number 5 Subscriptions: €57 Editor: Mark McDermott FIIC Deputy editor: Dr Garrett O’Boyle Designer: Nuala Redmond Society Law Editorial secretaries: Catherine Kearney, GazetteGazette Valerie Farrell Commercial advertising: Seán Ó hOisín, tel: 086 811 7116, ReGulaRS email: [email protected] 1 President’s message 51 Briefing For professional notice rates (wills, title deeds, 51 Practice notes employment, miscellaneous), see page 62. 4 News 54 Legislation update: 9 April –11 May Published at Blackhall Place, Dublin 7, 55 One to watch: European Communities tel: 01 672 4828, fax: 01 672 4877. 12 Analysis (Electronic Money) Regulations 2011 Email: [email protected] 12 News feature: a report on the Society’s 56 Regulation: Solicitors Disciplinary Website: www.gazette.ie annual conference in Wicklow Tribunal Printing: Turner’s Printing Company Ltd, 16 Human rights watch: the right to 58 Justis update Longford housing is still vulnerable to political will 59 Eurlegal: recent developments in European law Editorial board: Michael Kealey (chairman), 18 Comment Mark McDermott (secretary), Mairéad Cashman, 62 Professional notices Paul Egan, Richard Hammond, Mary Keane, 18 For and against: poll of members on Aisling Kelly, Tracy Lyne, Patrick J McGonagle, the future of the SMDF Ken Murphy, Andrew Sheridan 20 Viewpoint: the Construction Contracts 63 Recruitment advertising Bill fails to follow the British example The Law Society of Ireland can accept 64 Captain’s blawg no responsibility for the accuracy of in relation to the binding nature of contributed articles or statements appearing adjudication in this magazine, and any views or opinions expressed are not necessarily those of the 41 People and places Law Society’s Council, save where otherwise indicated. No responsibility for loss or distress occasioned to any person acting or refraining 48 Books from acting as a result of the material in 48 Book reviews: Revenue Audits and this publication can be accepted by the Investigations – the Professional Handbook, authors, contributors, editor or publishers. The Arbitration and ADR in Construction editor reserves the right to make publishing Disputes and The National Asset decisions on any advertisement or editorial article submitted to this magazine, and to Management Agency Act 2009: A refuse publication or to edit any editorial Reference Guide material as seems appropriate to him. 49 Reading room: the library has an Professional legal advice should always be ongoing programme of repair and sought in relation to any specific matter. restoration of old leather-bound books 64 FSC independently-certified wood and paper products used by the Law Society Gazette come from ecologically-managed forests. Visit: www.fsc.org PEFC certifies that wood and paper products used by the Law Society Gazette are sourced by suppliers from sustainable, managed forests. Visit: www.pefc.org The Law Society Gazette is a full participating member of the Press Council of Ireland and M supports the Office of the Press Ombudsman. R e s c ne This scheme, in addition to defending the free- ycl azi e Mag dom of the press, offers readers a quick, fair and free method of dealing with complaints that they may have in relation to articles that appear on our pages. To contact the Office of the Press Ombudsman go to: www.pressom- budsman.ie or www.presscouncil.ie.
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