May 2017 Gazette

Safe as houses Chairman of the board Cheque, mate? The implications of the new The Gazette speaks with The 2017 Mediation Bill planning and residential Philip O’Leary, the Legal will bring new obligations tenancies legislation Aid Board’s chairman – and opportunities gaLAW SOCIETY ette€4.00 MAY 2017 TICKING WINNER TIME BOMB? Top tips for mitigating firms’ cyber-risks gaLAW SOCIETY ette IMPORTANT NOTICE FOR ONLINE READERS In order to enhance your enjoyment of the online, interactive version of the Gazette, readers are strongly advised to download the magazine first to their computer or device. Prior to downloading the Gazette, make sure that you are using the most up-to-date versions of your favourite browser, for example, Internet Explorer, Safari, Firefox or Chrome. Does your client have a claim eligible for ASR Hip ADR? The ADR Process gives claimants a neutral non-binding evaluation of eligible claims How it works To apply, submit a completed Form B to McCann FitzGerald solicitors. Form Bs are available from McCann FitzGerald and from www.hipadr.ie. On receipt of Form B McCann FitzGerald may ask for additional information or documents, such as necessary medical records or details of any special damages claimed. If the claimant’s case is eligible, Form B will be endorsed and returned to the claimant’s solicitor. Both parties prepare written submissions which are submitted to an independent Evaluator who issues a written evaluation stating the amount of any damages assessed. The parties have 45 days to accept or reject the evaluation. • Claimants in the ADR Process do not have to • Evaluators are senior counsel or retired prove liability; only causation and quantum are Superior Court judges relevant • A €25,000 payment in respect of the claimant’s • There is no fee to submit a claim to the ADR legal costs, outlay and VAT will be paid within Process 28 days of settlement of claims within the ADR Process. This is without prejudice to a claimant’s • If necessary, McCann FitzGerald will collect right in the circumstances of a case to seek the claimant’s medical records where written higher costs and outlay through negotiation or authorisation has been provided taxation Eligible claims Claimants may avail of the ADR Process if: • Proceedings have issued • Injuries Board authorisation has been obtained • The index surgery of the ASR product took place • The claim is not statute barred in Ireland • Revision surgery was not exclusively due to • Revision surgery took place in Ireland not earlier dislocation; trauma; infection; fracture of the than 180 days and not later than 10 years after the femoral head; or any issue related to the femoral index surgery stem For further information, or to discuss settlement of any eligible claim, please contact McCann FitzGerald (DFH/RJB) on 01 829 0000 or email [email protected] Law Society Gazette | gazette.ie PRESIDENT’S MESSAGE May 2017 1 THE ‘B’ WORD his is my fourth president’s While we can’t be surprised, we need to be message and, up until now, clear that there is no easy answer to what is not I haven’t mentioned the ‘B’ exclusively an Irish problem. The centralisation word. You know the one. Brexit. of economic activity in big cities is a global You may have heard of this phenomenon, and its effects are felt throughout phenomenon. The good news is the working world. that you will be hearing about it for many more However, we are acutely conscious of how years to come. Nearly a year after the vote, we difficult many practitioners, particularly those Treally are none the wiser about how it’s going to in smaller practices, continue to find the post- affect us, both as a nation and as a profession. recession era. It’s an issue that remains on our Which is not to say we are not trying to agenda, and we will continue to provide as much pick up as much information as we can. Much assistance as possible. rumour and counter-rumour surrounds which In other news, the seemingly never-ending firms may or may not be setting up here, as insurance industry propaganda to cover up they try and escape the damage that Britain has their huge increases in premiums, and to seek inflicted on itself. What we do know is that just to place the blame anywhere but on themselves, over 1,000 solicitors to date have entered the rumbles on in what now feels like a Groundhog Roll in this jurisdiction since the vote – though, Day cycle. I appeared on Claire Byrne Live on at the time of writing, less than a quarter have 10 April, where Kevin Thompson, CEO of taken out practising certificates, and no firms Insurance Ireland, rolled out further platitudes have yet established here. In view of the uncertainty and the interest of the profession in this issue, the director general and I are embarking on a series of meetings WE ARE ACUTELY CONSCIOUS OF HOW in London, Brussels, and Paris to attempt to broaden our knowledge of what plans may or DIFFICULT MANY PRACTITIONERS, may not be afoot, and whether the anticipated influx is real or speculative. PARTICULARLY THOSE IN SMALLER PRACTICES, CONTINUE TO FIND Dublin v rural divide Closer to home, though, the divide between THE POST-RECESSION ERA Dublin and the rest becomes more defined. The managing partner survey carried out by the Society last year was the subject of a presentation by David Rowe of Outsource, and it confirmed about why it’s all because damages are too high what we know has been a growing problem. Like – and not because the insurers are stockpiling, most economic activity, more and more legal correcting erroneous reserving, or because of work is focused in Dublin and, as a result, the poor underwriting. percentage of solicitors based in the capital keeps While the latter is, of course, the case – and rising. government knows this – it would appear that The upshot is that, inevitably, Dublin the media are happy to let the insurers have a appears to be making a quicker recovery from platform to deflect attention from themselves. the recession, in general, than outside of the Frustrating as this is, we will continue to tell Pale. While, of course, there are exceptions on the truth and fight for victims’ rights to be both sides to this, it is a consistent finding in the compensated fairly. report, which will be the subject of an article in A little like death, taxes, and Brexit, the STUART GILHOOLY, the June Gazette, outlining its key findings. insurance debate may always be with us. PRESIDENT 2 May 2017 CONTENTS Law Society Gazette | gazette.ie 50 26 22 LAW SOCIETY GAZETTE LAW Safe as houses Chairman of the board Cheque, mate? The implications of the new The Gazette speaks with The 2017 Mediation Bill planning and residential Philip O’Leary, the Legal will bring new obligations tenancies legislation Aid Board’s chairman – and opportunities • Vol 111 No 4 • Vol COVER STORY gaLAW SOCIETY ette€4.00 MAY 2017 36 Terror from beyond! 46 Separation anxiety With so much noise around The folly of Brexit may be visited on divorcing MAY 2017 MAY cybersecurity, what practical steps couples where there is an interjurisdictional can solicitors take to address the threat dispute involving Britain – this will not only of cyberattacks? Simon Collins draws affect wealthy litigants, but also those who can TICKING WINNER Law Society of Ireland TIME BOMB? his ray gun least afford it. Keith Walsh explains Top tips for mitigating firms’ cyber-risks COVER: GETTY IMAGES/ NUALA REDMOND 50 Mediation nation FEATURES The Mediation Bill 2017 was published on 13 February and contains new and significant obligations for solicitors – but it also brings 42 Planning ahead? opportunities. Richard Lee reports The Planning and Development (Housing) and Residential Tenancies Act 2016 is the first in a series of reforms designed to 54 Lost in translation reduce delays and create certainty in new The work of legal translators is an important housing development planning. Peter and growing area in Ireland. Annette Schiller Stafford checks the snaglist discusses best practice when working with them Law Society Gazette Volume 111, number 4 Subscriptions: 65 ( 95 overseas) gaLAW SOCIETY ette € € Blackhall Place, Dublin 7. Tel: 01 672 4828, fax: 01 672 4801, email: [email protected] Editor: Mark McDermott FIIC Deputy editor: Dr Garrett O’Boyle PROFESSIONAL NOTICES: send small advert details, with payment, to: Gazette Art director: Nuala Redmond Office, Blackhall Place, Dublin 7, tel: 01 672 4828, or email: [email protected]. Editorial secretary: Catherine Kearney All cheques should be made payable to: Law Society of Ireland Printing: Turner’s Printing Company Ltd, Longford COMMERCIAL ADVERTISING: contact Seán Ó hOisín, 10 Arran Road, Dublin 9, Editorial board: Michael Kealey (chairman), mobile: 086 811 7116, tel: 01 834 6891, email: [email protected]. Mark McDermott (secretary), Patrick Ambrose, See the Gazette rate card online at www.lawsociety.ie/gazette-rates William Aylmer, Aoife Byrne, Mairéad Cashman, Hilary Forde, Richard Hammond, Teri Kelly, Tracy HAVE YOU MOVED? Members of the profession should send change-of-address details to: Cruikshank, Patrick J McGonagle, Aisling Meehan, IT Section, Blackhall Place, Dublin 7, or to: [email protected] Heather Murphy, Ken Murphy, Andrew Sheridan Law Society Gazette | gazette.ie CONTENTS May 2017 3 66 24 42 REGULARS IN-HOUSE CONTENT 32 Human rights watch: Applications Content of interest to in-house 4 The big picture for international protection and public sector solicitors in Standout photo of the month this month’s Gazette:

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