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Issue Mar 2001 Font Change Contents GazetteLawSociety Regulars Cover Story Hold the front page! News 2 8 There’s been considerable speculation about the potential impact of the European Viewpoint 6 convention on human rights on family law and criminal law – but how will it affect the Tech trends 30 media and the issue of free speech? Michael Briefing 34 Kealey discusses the articles most likely to keep editors up at night Practice notes 34 Legislation update 36 Till deceit do us part? Personal injury The Supreme Court recently reassessed Irish judgments 38 12 nullity law in the context of one party’s FirstLaw update 40 infidelity and adultery. John Healy examines Eurlegal 45 fresh attempts to widen the basis of nullity law as it applies to marriages People and based on deception places 49 Obituary: Ernest Margetson 51 A healthy alternative As in so many other countries, Apprentices’ page 53 16 medical malpractice cases are on the rise Professional here. Kieran Doran looks across the Atlantic to US efforts to information 54 stem the tide there by using non-binding mediation to resolve disputes and restore confidence in the doctor/patient COVER PHOTO: [email protected] relationship Arbitration and public policy 20 A recent case decided by the Pakistani Supreme Court involved major issues in commercial arbitration. Max Barrett considers the lessons that may be important to practitioners in other jurisdictions, including Ireland The dangers in paying the piper 27 Joint lodgments are a viable way for defendants to handle liabilities in court cases. But, as Dessie Shiels and Karl Henson argue, they’re not always appropriate Editor: Conal O’Boyle MA. Assistant Editor: Maria Behan. Designer: Nuala Redmond. Editorial Secretaries: Catherine Kearney, Louise Rose. Advertising: Seán Ó hOisín, 10 Arran Road, Dublin 9, tel/fax: 837 5018, 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 4801. Volume 95, number 2 E-mail: [email protected] Law Society website: www.lawsociety.ie Subscriptions: £45 1 News SBA ANNUAL GENERAL MEETING Law Society expresses concern over The 137th annual general meeting of the Solicitors’ no-fault compensation body Benevolent Association will be held at the Law Society, he Law Society has practitioner in the chair creates Blackhall Place, Dublin 7, on Texpressed its concern over at least the perception that the Monday 9 April at 12.30pm the composition of the working working group begins its to consider the annual report group set up to examine consideration of the “tort v no- and accounts for the year proposals for a no-fault fault” issue with an in-built ended 30 November 2000, to compensation scheme for bias in favour of a change to a elect directors, and ‘to deal brain-damaged babies. no-fault system’, he concludes. with other matters The scheme was first • The Law Society has appropriate to a general mooted over a year ago by the nominated solicitor Michael meeting’. For more then health minister Brian Boylan as its representative on information, contact SBA Cowen, who was reported as Ken Murphy: working group the No-Fault Compensation ‘lacks balance’ secretary Geraldine Pearse keen to introduce a no-fault Working Group and on the on 01 283 9528. compensation scheme for working group should be Enterprise Liability Advisory children born with cerebral chaired by a High Court judge, Group, the body overseeing GOAL CHARITY CYCLE palsy, in an effort to reduce rather than by a member of the the working group’s A leisure cycle in aid of the medical negligence costs in medical profession as proposed deliberations. Boylan has charity GOAL has been state hospitals (see Gazette, by the minister. ‘The very fact extensive experience of medical organised for members of January 2000, page 5). But in a of having a medical negligence litigation. the legal profession. The letter to the minister for health event will take place on and children, Michéal Martin, Saturday 26 May, starting at the society’s director general, Gazette reader survey results the National Basketball Ken Murphy, says that the leven of the whopping 18 one good turn deserves Stadium in Tallaght and recently-announced Eresponses we received to another). The other four continuing over 65 miles membership of the working our 2000 reader survey rated readers who win a bottle of through Wicklow, the Sally group ‘lacks balance’ and that the Gazette as ‘very good’ whiskey are: Ray Finnegan, Co Gap and the Wicklow Gap, the absence of relatives of overall, which we’ve decided to Meath; Norma Garvey, Co returning via Blessington to brain-damaged infants or their interpret as thunderous Monaghan; Katherine Killalea, the starting point. representatives is a ‘a serious approval. Six rated the Co Mayo; and Garry Clarke, Each participant on the omission’. He adds that this magazine as ‘good’ and one Co Donegal. cycle is expected to raise omission ‘could foster the generous soul even rated us The rest of you stayed pretty £250 in sponsorship and all belief that the views and ‘excellent’ (Oliver O’Sullivan of quiet, which we’ll take as a are welcome to attend. insights which can be provided Castlepollard, Co Westmeath, compliment. But if you want to For further information, by such individuals are not of who wins the bottle of the Law have your say, you’ll get a call 01 676 7192 or 676 interest to the working group’. Society’s special Millennium second chance when we do 7193. Murphy also argues that the Malt whiskey because, after all, another survey later this year. ONE TO WATCH: NEW LEGISLATION National Minimum Wage Act, • The act does not apply to minister) must take into their second year 2000 relatives, who are quite account, including national • People already in employ- Signed into law on 31 March widely defined wage agreements, the ment who reach the age 18 2000, implemented from 1 • It cannot be contracted out impact the proposed rate are likewise entitled to 80% April 2000, the act sets the of may have on employment, of the minimum wage in current minimum wage at • It sets up a means of the overall economic their first year and 90% in £4.40 an hour. calculating working hours in conditions in the state and their second year This legislation is one of a a ‘pay reference period’ national competitiveness • There are reduced rates number of measures taken by • Employees whose working • People aged 18 or over are for training – 75% of the the government as part of its hours are not controlled entitled to the minimum minimum wage for the first contribution to the social must keep records of hours wage – this is a general rule third of the training course partnership. It sets up a worked, and cheating is an • People under 18 are (up to one year), 80% for framework for a national offence punishable with a entitled to at least 70% of the second third, 90% for minimum wage, estimated by fine of up to £1,500 the minimum wage the last third an ESRI impact study to apply • The act lays down the • People over 18 starting • Employers must keep rec- to 163,000 people. factors which the minister employment are entitled to ords for three years; failure The following are its key or Labour Court (making a 80% of the minimum wage to comply is punishable with elements in brief. recommendation to the in their first year and 90% in a fine up to £1,500 2 News Major shake-up for High Court offices New number of High Court • In a separate development, Aoffices are to move shortly the Central Office of the High marketing from their current home in Court will be moving in guide for Aras Ui Dhalaigh to the Courts December to the second floor Service’s new corporate of the Aras Ui Dhalaigh, and the legal headquarters in Smithfield as all of the registrars attached to part of a sweeping the High Court will be moving profession administrative shake-up. to that building. The Judges’ Meanwhile, the High Court Library will also relocate there. y now every law firm in Central Office is set to move The east wing of the Four Bthe country should have into the space vacated in Aras Four Courts: big changes ahead Courts will be converted to received a copy of the Ui Dhalaigh. provide additional courtrooms Marketing handbook for Among the offices scheduled promised to make every effort for criminal trials. Work on solicitors by Matthew Moore. to move are the Probate Office, to minimise the disruption in this project is planned to begin Based on a similar publication the Examiner’s Office, the service to the profession and in January 2002, and it is from the Law Society of Office of the Official Assignee, the public.
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