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Contents FREE WITH THIS ISSUE! legal planner 2005 GazetteLawSociety Your Gazette Regulars Cover Story 8 Bell, book and candle News 2 Canon law is the basic law of the Catholic Church and has come to prominence in recent times in relation to child-abuse cases. But can it Tech trends 28 take precedence over civil law? Henry Murdoch straps on his dog collar Book reviews 35 Briefing 39 The quiet man Council report 39 12 Don’t expect any table-thumping from the Law Committee Society’s new president. There will be no report 40 ‘Binchy manifesto’. The man is just here to do his job, he tells Conal O’Boyle Practice note 40 Legislation update 41 No such thing as bad Personal injury 15 publicity? judgment 42 Bad publicity can harm the share price Solicitors of listed companies, but a novel attempt Disciplinary to recover compensation for such a loss Tribunal 43 recently failed in the English High Court. FirstLaw update 44 Pamela Cassidy inspects the damage Eurlegal 47 Ten years after Parchment 18 ceremonies 2004 49 A decade ago, civil war convulsed Bosnia and Herzegovina, but now things are looking up. Solicitor Lynn Sheehan reports on the work People and being carried out to reform public administration there, including places 57 overhauling the judiciary Professional information 58 Copyrights and wrongs 22 New technology has made copying and distributing copyright works COVER PIC: [email protected] much easier. In the digital age, the law is running to catch up with these developments, argues Paul Lambert Fingerprint file 27 Just when you were beginning to feel comfortable with the notion of digital signatures, biometrics is now the flavour of the month, write Eamonn Keenan and Tony Bradley Editor: Conal O’Boyle MA. Assistant editor: Garrett O’Boyle. Designer: Nuala Redmond. Editorial secretaries: Catherine Kearney, Valerie Farrell. 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: Keith Walsh (Chairman), Conal O’Boyle (Secretary), William Aylmer, Tom Courtney, Stuart Gilhooly, Eamonn Hall, Pat Igoe, Philip Joyce, Mary Keane, Ken Murphy, Michael V O’Mahony, Alma Sheehan 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 98, number 10 E-mail: [email protected] Law Society website: www.lawsociety.ie Subscriptions: €57.15 1 Law Society Gazette December 2004 News NATIONWIDE News from around the country I LEITRIM even staged a walk out of the tenancies agreement will be Rural renewal court in Drogheda in September launched in January by the Good news from Leitrim. Partly of last year in protest at the Dublin Solicitors’ Bar due to the rural renewal tax appalling conditions. Association’s conveyancing relief scheme, which expires on The new court facility, on the committee, chaired by 31 December, solicitors have town’s Dyer Street, will be for a Geraldine Kelly. seldom been busier. The scheme three-to-five-year period. ‘We ‘Since the enactment of the appears to have been very are delighted’, said Minogue. Residential Tenancies Act, 2004 in successful, according to Michael ‘We were in a bingo hall for ten September, we have been Keane Jnr of the Leitrim Bar years and it is not hard to inundated with calls from Association. It has meant a very improve on that’. colleagues on how to approach busy time for builders and their The association is confident drafting of tenancy agreements’, tradesmen and suppliers, as well that the new premises will only noted Kevin O’Higgins, as for professionals such as be temporary, as has been secretary of the DSBA. solicitors. indicated. The lease by the ‘Since the act came into force, Under the scheme, Courts Service is short term we have been in a state of limbo introduced by the minister for only. and so the launch of the revised finance in the 1998 Finance Act, So they expect that the sitting draft agreement for members owner-occupiers of houses can judge, officials, solicitors, gardaí will be widely welcomed’, he Outgoing DSBA president John benefit from tax reliefs, O’Connor hands over the chain of and all users of the court, felt. A committee, including including setting construction office to his successor, Orla including the people whom they himself, Marjorie Murphy, costs or refurbishment costs Coyne, outside the DSBA’s new all serve, will then have a Christine Scott, Brian Gallagher against rental income incurred Hatch Street headquarters courthouse and courtroom with and assisted by Aine Ryall of on certain residential premises. all of the modern facilities that UCC, was now working on the For investors, relief is available the immediate area, according to people have come to expect in draft agreement. against all rental income for Caren Farrell, outgoing court and that will last for future 100% of the expenditure president of the association. generations. Discovery by e-mail incurred on the conversion or The Midlands is a good The DSBA has urged colleagues refurbishment of certain venue and well located in the I KERRY to note that Dublin Circuit buildings into rental residential centre of the country, with easy Judicial retirement Court has asked solicitors, when accommodation. access, she noted. The bar The retirement of a District lodging motions for discovery, Solicitors are under huge association had also received Court judge is not always to e-mail a copy of the motion pressure now in conveyancing great support from the Law significant news. But it is if the and affidavits to enable them to for these qualifying properties Society, and its recent seminar retiring judge has served a copy and paste the details onto since the end-December in Athlone on costs was both community well for 25 years. the order. deadline is fast approaching, very important and well Judge Humphrey Kelleher ‘Discovery orders are often according to Michael Keane Jnr. attended. was a very significant figure long and take a long time to Solicitors must keep up-to- here. He was able to size up a type, which is one of the reasons District Court news date both for their clients and in situation before him both very that they take longer to produce. Meanwhile, Leitrim litigation their own interests. The courses quickly and very well. His Often the details are already solicitors are also smiling and being organised are a great way judgments were fair and contained in the motion and we adjusting to District Court judge of maintaining our professional consistent, according to Pat are merely duplicating what has Geoffrey Browne, formerly a standards, she added. Sheehan, secretary of the Kerry already been typed by the Galway practitioner, who was Law Society. solicitor. If we could copy and described by one practitioner as I DROGHEDA To mark his retirement, 70 paste this into the orders, it an excellent judge and making a Court accommodation – again local solicitors attended a would mean that all orders big impression. At the end of January 2005, retirement function at which would be produced more solicitors practising in Drogheda tributes were paid to Judge quickly’, according to Kevin I MIDLANDS District Court will at last have Kelleher’s contribution to the Fidgeon, deputy chief clerk of Location, location, location some form of reasonable court local community, to the judicial the Dublin Circuit Court. The Midland Bar Association, in conditions, according to the process in the Kingdom and to However, it is still not conjunction with the Law Drogheda Bar Association’s the state over a quarter of a possible to lodge motion papers Society, has been holding a Fergus Minogue. century. by e-mail. G number of continuing Their conditions in recent professional development years had been a cause of serious I DUBLIN Nationwide is compiled by Pat courses, which have even upset and were a disgrace to the Residential tenancies Igoe, principal of the Dublin law attracted people from outside judicial process. Solicitors had A revised draft residential firm Patrick Igoe & Co. 2 Law Society Gazette December 2004 News Society judicially reviews Society supports Competition Authority challenge he Law Society has the motion, the society’s to PIAB Tlaunched judicial review president, Owen Binchy, said proceedings against the that the society ‘was extremely he Law Society is seeking Competition Authority, seeking alarmed at the decision and, in Tleave to make written and to quash the authority’s particular, at the authority’s oral submissions to the High decision to issue a notice that attempt to restrict the freedom Court as amicus curiae or purports to reserve to the of persons to choose the lawyer intervener in a case which authority the power to veto the representing them before the challenges the Personal choice of lawyer made by a authority’. Injuries Assessment Board’s party to a Competition The society took the view policy of refusing to Authority investigation.