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Issue Mar 2002 Copy Contents GazetteLawSociety Regulars Cover Story Cork’s rough justice News 2 10 Three years after closing its doors for renovations, one of the country’s finest courthouses is still lying empty. Meanwhile, justice Letters 6 in Ireland’s second city is being dispensed in conditions that have been branded ‘sub-human’ and ‘intolerable’ by practitioners. Viewpoint 9 Conal O’Boyle reports Book reviews 23 Stockwatch 25 Voyage of discovery Briefing 26 16 Recent court decisions have led to Committee several important developments reports 26 relating to the rules of discovery and how strictly they must be interpreted, Practice note 27 as Eoin Dee explains Legislation update 28 Personal injury judgment 30 The man with Euro vision Eurlegal 34 18 The CCBE represents the interests of People and more than 500,000 lawyers places 39 throughout the European Union and the Apprentices’ page 42 European Economic Professional Area. This year’s information 44 president is Irishman John COVER: JANICE O’CONNELL/ Fish, and here he F22 PHOTOGRAPHY talks to the Gazette about the role of the CCBE and what he hopes to achieve during his year of office Sticking it to the spammers 21 The United States has been leading the way in the fight against unsolicited e-mails and other nuisance communications. Recently, that fight took a new turn in the US Supreme Court. Paul Lambert discusses the latest development Editor: Conal O’Boyle MA. Assistant editor: Garrett O’Boyle. Designer: Nuala Redmond. Editorial secretaries: Catherine Kearney, Nicola Crampton. Advertising: Seán Ó hOisín, 10 Arran Road, Dublin 9, tel: 837 5018, fax: 884 4626, mobile: 086 8117116, e-mail: [email protected]. Printing: Turners Printing Company Ltd, Longford. Editorial Board: Pat Igoe (Chairman), Conal O’Boyle (Secretary), Eamonn Hall, Mary Keane, Ken Murphy, Michael V O’Mahony, Michael Peart, Keith Walsh 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. Volume 96, number 2 E-mail: [email protected] Law Society website: www.lawsociety.ie Subscriptions: €57.15 1 News NEW GUIDELINES FROM THE REVENUE Record numbers entering The Revenue Commissioners have issued new guidelines for calculating tax due and for the legal profession completing declaration forms for investment undertakings and life ast year saw over 475 assurance companies. Any Lsolicitors enter the questions on the content of these profession, the highest number guidelines may be referred to the in the Law Society’s history. Direct Taxes International and This is substantially higher Administration Division, Financial than the previous record of 385 Services Unit, Blocks 8-10, Dublin in 1999 and the figure of 350 Castle, Dublin 2 (tel: 01 674 new entrants last year. 8018, fax: 01 679 3314). The According to Law Society guidelines are available on the Director General Ken Murphy: Revenue website at www. ‘The enormous increases in the revenue.ie under Publications numbers of new solicitors and Technical guidelines. qualifying every year gives the lie to any suggestion that the PRIVATE EQUITY CONFERENCE system is being used to suppress InterTradeIreland, the develop- numbers entering the ment body set up to facilitate profession. The society cross-border trade, is running a accepted as far back as the conference entitled Private equity: 1980s that it has no role to play an island and international in controlling the numbers The Law Society’s new Education Centre: home to 475 perspective. The conference will entering the profession. The trainee solicitors last year be held in Belfast on 24 April and aims to create a greater NUMBERS ENTERING market for legal services reigns professional training course awareness of private equity THE PROFESSION OVER supreme in this’. will now comprise 60% women finance and ultimately a greater LAST 50 YEARS The statistics also show that and 40% men. In terms of the demand for its use. For further 1951 – 22 1998 – 318 the gender balance within the profession as a whole, the information, visit the 1961 – 12 1999 – 385 profession has changed. In figures are reversed: 60% men organisation’s website at 1971 – 79 2000 – 350 every year since 1993, the and 40% women. In addition, www.intertradeireland.com or 1981 – 187 2001 – 473 number of women entering the just under half of the call Nicola McGuinness on 1991 – 203 profession has exceeded the profession (47% to be exact) 028 3083 4154. number of men. Typically, a are under 40 years of age. ONE TO WATCH: NEW LEGISLATION Dormant Accounts Act, 2001 accounts to an estimated value of schemes and fixed deposits to this effect must be displayed This act was passed last July and £130 million. • Section 10 provides for in the institution’s place of was brought into effect by SI The following are the key points notification of account-holders of business, brochures and any 593/01 on 1 January 2002. It of the act: accounts which are dormant, to relevant code of conduct provides a mechanism for •The financial institutions last known addresses, this year (section 11) transferring funds held in affected are listed in part 1 of in early April, and thereafter • Monies from any dormant accounts which are dormant for the schedule (section 8). They annually in early October. accounts must be transferred, 15 or more years from the include banks, building Omission to notify is an offence. not later than 30 April of the financial institutions in which they societies, An Post and licensed If the amount in the account is following year, to the Dormant are held to a new Dormant persons. They exclude accounts under €100, or it is a non- Account Fund, the first such Accounts Funds Disbursement held by bodies listed in part 2 of correspondence account, or transfer to take place by 30 April Board. This board will make the schedule, including the notification in writing has not 2003. They must be schemes for disbursement of courts, the Companies been successful, the financial accompanied by a written funds which are unlikely to be Liquidation Account, the institution must advertise the statement specifying the total reclaimed to benefit ‘projects that Bankruptcy Dividend Account, existence of dormant accounts amount of money transferred are designed to assist the and any account over which in two or more daily newspapers and accounts concerned. If an personal, educational and social there is a lien held by the and the Iris Oifigiúil that if a organisation does not hold any development of persons who are holding institution, or a right of transaction is not effected on dormant accounts, this too must economically, educationally or set-off the account on or before the be reported (section12) socially disadvantaged or persons • Accounts include deposit, share following 31 March, the monies • Each financial institution is with a disability … and, in and current accounts, whether in the account will be transferred obliged to keep a record of particular, programmes or projects personal, corporate, charitable, to the Dormant Account Fund. dormant accounts, which will that are designed to assist resident or non-resident, deposit The first notice is due to be include details of notifications primary school students with receipts, petty balances published on 30 April 2002, and under section 10 and details of learning difficulties’ (section 41). accounts, savings certificates or thereafter annually on the first transfers to the Dormant There are an estimated 840,000 bonds, instalment savings working day in October. Notices Accounts Fund. Such registers 2 News LAW REFORM COMMITTEE: Court puts kibosh on MDPs INVITATION FOR CONTRIBUTIONS lans by the ‘big five’ are extremely pleased with the decision of the Court of Justice The Law Society’s Law Reform Paccountancy firms to judgment in this case. It has should not be seen as a victory Committee is starting work on establish multi-disciplinary confirmed the legal profession’s for lawyers over accountants. It a new project on partnerships with law firms core values of independence, is a victory for the fundamental solicitor/client confidentiality suffered a huge set back last confidentiality and the avoid- freedoms of all citizens’. and invites contributions from month when the European ance of conflict of interest. An The ruling was also warmly the profession in relation to any Court of Justice upheld a independent legal profession is welcomed by CCBE President views, experiences, problems or decision by the Dutch bar to essential to underpin an John Fish, who said: ‘We are ideas about the law and prohibit the establishment of independent judiciary, and an delighted by the outcome, practice as it affects this issue. such an arrangement. The court independent judiciary is which we think is clearly in the Please send any contributions found that the activities of essential to democracy. This public interest’. to Alma Clissmann, secretary lawyers and accountants were to the Law Reform Committee, ‘incompatible’ and that the Law Society, Blackhall Place, professional ethics of the two THE ECJ’S KEY CONCLUSION: Dublin 7, e-mail: professions in Holland were A regulation prohibiting multi-disciplinary partnerships of lawyers [email protected].
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