LAW LAW HEARD BUT NOT SEEN: TAKE IT TO THE TOP: THE INSIDE MAN: SO The rules on admitting Solicitor Billy Glynn In-house lawyers may CIETY GAZETTE hearsay evidence were on being head honcho have to wear many central to a recent case at the IRFU different hats • Vol 107 No 3 • Vol LAW SOCIETY LAW GAZETTEGAZETTE€4.00 April 2013 AP R I L 2013 Law Society of Ireland Ceci n est pas un boeuf: The surreal‘ world of food fraud Established 1982 - Fully Bonded Professional Legal Support Services Hibernian Legal is a full service town agency and law searching firm. We are a market leader delivering cost-effective, • Town Agents professional legal support services to solicitors and in-house legal departments on a national and • Law Searchers international platform. • Summons Servers Further details are available online at: • Tracing Agents www.hibernianlegal.ie • General Investigators Dublin and Waterford Inns Chambers, 15 Upper Ormond Quay, Dublin 7. DX 1041 Four Courts. Tel: 00 353 1 872 3067 E-mail: [email protected] Law Society Gazette www.gazette.ie April 2013 PRESIDENT’S MESSAGE 1 COUrts MUST BE RESOURCED ince I wrote last month, there have been a number of found, somehow, to provide for significant announcements made by the Minister for the delivery of an efficient and SJustice, Equality and Defence, Alan Shatter. At a seminar speedy justice system, in the in Blackhall Place on 2 March, the minister announced the public interest. Government’s intention to hold a referendum to enable the establishment of a Court of Appeal. This announcement Taxation of costs was very well received. I, too, warmly welcome it. This is In late February, I wrote to something that the Law Society has been calling for, for many draw the attention of Minister years. The referendum is scheduled for the autumn, and I hope Shatter to an impending crisis it will be seen by the people as the introduction of a vital piece in the High Court taxation of “The Society calls of courts infrastructure in the public interest. costs system. Due to a variety of At the seminar in Blackhall Place, Chief Justice Denham contributory factors, for which on the Government reported the startling news that an appeal from the High no one is to blame, serious to provide Court to the Supreme Court is now taking up to four years delays are now arising that are to be heard unless certified as urgent. This is completely causing huge difficulties for the resources unacceptable. The new Court of Appeal must be introduced practitioners and, by extension, necessary to make to deliver justice on a timely basis. As director general Ken businesses around the country. Murphy, who served as a member of the Chief Justice’s For solicitors’ firms, as for these changes in Working Group on a Court of Appeal, stated on behalf of their clients, cash-flow can be a jurisdiction work” the Society when he addressed the seminar: “The necessary matter of survival or failure in referendum cannot come quickly enough.” the current economic environment. The worst is not over. In fact, it hasn’t even begun. Two tribunals of inquiry will shortly Jurisdiction changes enter the process and will potentially see the taxation system Later in March, the minister published a bill to increase grind to a halt. In addition, when the Legal Services Regulation the jurisdictional limit of the District Court from €6,384 Bill is passed, new pressures will emerge from the larger, more to €15,000, and that of the Circuit Court, from €38,092 to onerous requirements made by the costs provisions in the bill. €75,000, with the ceiling for personal injury claims to be The obvious and urgent solution, it seems to the Society, is limited to €60,000. Given that it is more than two decades to appoint at least one more taxing master. While we appreciate since the jurisdictions were last amended, a review is certainly the immense pressure on the exchequer at this time, we believe warranted. it would be effectively self-financing. As is well known, 8% However, the Society has a serious concern that the District stamp duty is placed on taxations, so traditionally the offices Court and the Circuit Court will not have enough resources to of the taxing master have paid for themselves. More taxations deal with the pressure that, inevitably, will be placed on them would take place, thereby increasing revenue. In addition, by the dramatically increased workload. the State would reduce the very real prospect of a European More judges and court staff will unquestionably be required Court challenge due to delays in the process, which has already in order to avoid increases in the delays that already exist in created problems in other areas of the judicial system. both courts, and which will be greatly exacerbated by this These issues, and more, will be considered at the Society’s move. Accordingly, the Society calls on the Government to annual conference, which will take place at the Europe Hotel provide the resources necessary to make these changes in and Resort in Killarney on 10 and 11 May 2013. I am pleased jurisdiction work. that Minister Shatter has agreed to be the keynote speaker at In relation to the proposed change to the in camera rule, the the conference on the theme ‘Reform of the courts’. In addition Society welcomes this. The Society’s Law Reform Committee, to hearing and questioning the minister on these issues, over a decade ago, called for a modification of the in camera practitioners will be afforded a much-needed opportunity to rule along the lines proposed in the bill. engage with colleagues and will accrue CPD points. While all of the foregoing can be received as welcome and It is my fervent hope that a sizeable number of you will join good news by the profession, we must not lose sight of the me in Killarney in May in the interests of maintaining our need to ensure that adequate and appropriate resources are collegiate spirit. I look forward to meeting you there. G James McCourt President 2 CONTENTS Law Society Gazette www.gazette.ie April 2013 Law Society Gazette Volume 107, number 3 Subscriptions: €60/€90 Editor: Mark McDermott FIIC Deputy editor: Dr Garrett O’Boyle Art director: Nuala Redmond SOCIETY LAW Editorial secretaries: Catherine Kearney, GAZETTEGAZETTE Valerie Farrell Commercial advertising: Seán Ó hOisín, tel: 086 811 7116, REGULARS email: [email protected] 4 News For professional notice rates (wills, title deeds, 49 Briefing employment, miscellaneous), see page 61. 49 Practice notes 12 Analysis 51 Legislation update: Published at Blackhall Place, Dublin 7, 12 News feature: An English Supreme tel: 01 672 4828, fax: 01 672 4877. Court decision has confirmed that legal 2 February – 11 March 2013 Email: [email protected] professional privilege only applies to 51 One to watch: Fox v Office of the Data Website: www.gazette.ie qualified lawyers Protection Commissioner 52 SBA report and accounts Printing: Turner’s Printing Company Ltd, 14 News feature: Chief Justice Susan 53 Regulation Longford Denham’s address at a recent seminar on the establishment of a Court of Appeal 56 Eurlegal: quality schemes for Editorial board: Michael Kealey (chairman), agricultural products and foodstuffs; Mark McDermott (secretary), Mairéad Cashman, 17 Comment recent developments in European law Paul Egan, Richard Hammond, Mary Keane, 17 Letters Aisling Kelly, Tracy Lyne, Patrick J McGonagle, 61 Professional notices Ken Murphy, Andrew Sheridan 18 Viewpoint: Large numbers of Irish families are in unsustainable mortgage The Law Society of Ireland can accept debt. So what’s the Government doing 64 Captain’s blawg no responsibility for the accuracy of about it? contributed articles or statements appearing 20 Viewpoint: In-house lawyers in this magazine, and any views or opinions expressed are not necessarily those of the sometimes need to wear several different Law Society’s Council, save where otherwise hats, so here’s a guide to metaphorical indicated. No responsibility for loss or distress legal millinery occasioned to any person acting or refraining from acting as a result of the material in 41 People and places this publication can be accepted by the authors, contributors, editor or publishers. 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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. 42 43 Law Society Gazette www.gazette.ie April 2013 CONTENTS 3 18 26 THE INSIDE MAN: P: TAKE IT TO THE TO In-house lawyers may SEEN: have to wear many D BUT NOT Solicitor Billy Glynn different hats LAW SOCIETY GAZETTE • Vol 107 No 3 HEAR on being head honcho The rules on admitting at the IRFU hearsay evidence were central to a recent case €4.00 April 2013 LAW SOCIETY GAZETTELAW COVER STORY 22 Where’s the beef? APRIL 2013 The recent ‘horse burger’ scandal has thrust food fraud into the media spotlight and caused Europe’s food producers and safety regulators to undertake a radical : review of how the processed food Law Society of Ireland Ceci n‘est pas un boeuf The surreal world of food fraud supply chain is policed.