Future shock Cherry bomb Moore’s treat ‘Predictive analytics’ and ‘Second chance’ insolvency The Gazette speaks to the the further commodification solutions for businesses incoming managing partner of the business of law and individuals of top firm Arthur Cox gaLAW SOCIETY ette€4.00 OCTOBER 2019 SHINING A MAGAZINE OF THE YEAR 10 LIGHT Law Society launches 9 771393 695029 ISSN 1393−6956 solicitors’ well-being supports 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. IMPORTANT NOTE ON PAGE VIEW If you are reading the downloaded PDF in two-page view, ensure that you uncheck the ‘Show cover in two page view’ option. This can be found in the ‘Page display’ option under the ‘View’ tab. You should be seeing this page right beside the cover in the correct two-page view. 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 October 2019 1 STEPS IN THE RIGHT DIRECTION here is much emphasis this month, countries having big friends. I am glad to say that and much of interest to read, in the Irish legal profession is held in high regard the pages that follow in relation to internationally, with many chairs and speakers the subject of mental health and contributing to various sessions. well-being. You will see the various support programmes that are being Crowdfunding challenges rolled out by the Law Society, continuing the work One of these dealt with the ethics and issues of begun and fostered by my predecessor Michael crowdfunded litigation. The President of the TQuinlan. Please take time to read these articles – High Court commented recently that only the they contain valuable insights, advice and signposts. very rich or the very poor can afford to litigate By the time you read this, various parts of – there is very much more than a grain of truth the Legal Services Regulation Act will have been in this. Crowdfunding and, indeed, commercial commenced. A huge positive is the introduction of funders, as well as more exotic products like LLPs, which will enable partnerships to limit their blockchain-based, security-token offerings are personal liability. becoming more prevalent internationally as a This brings the business of the provision of legal means of financing litigation, particularly of the services into line with all other businesses, which public-interest type. have had the ability to limit their liability for nearly Whether these innovations breach the old two centuries, and also into line with international rules of maintenance and champerty have not norms. Guidance is being issued in relation to yet been tested in Ireland, but as those rules are registration processes, which we are promised will based on a perception of public policy, there may be straightforward and inexpensive. well be rapid development of the law in this area. It’s hard to argue that public-interest litigation Common sense could be against public policy. We must not forget, however, that this legislation We had a striking example of this in Britain covers only partnerships, and not sole practitioners recently, with the successful outcome of the or principals. There is no justification for this Miller/Cherry litigation, ending with the distinction, but we cannot overemphasise the Supreme Court holding that parliament had difficulty and, indeed, political resistance in some been suspended illegally by the prime minister. quarters, even to what has been achieved to date. We will return to this unfairness with the Legal Services Regulatory Authority and, hopefully, when it is seen that the world hasn’t stopped THIS WAS A STRIKING VINDICATION turning because of LLPs, common sense will prevail and the legislation will be extended to sole OF THE ROLE OF THE COURTS IN practitioners. CURBING EXECUTIVE EXCESS Likewise, the new rules in relation to section 150 notices, at time of writing, are due to come into effect. The Society is promulgating guidance and precedents in relation to the new obligations, so do Whatever your views on Brexit, this was a take note. No doubt, most bar associations will be striking vindication of the role of the courts running CPD sessions on the new regulations, so in curbing executive excess. In a world where please sign up and improve your CPD points’ score institutions, conventions, and the rule of law before the current CPD cycle closes. itself are increasingly under threat, it was a very A large number of Irish solicitors and barristers welcome outcome. This case was crowdfunded, represented their firms and professions at the as were a number of other Brexit-related cases. recent IBA conference in South Korea. I have As ever, if you have any comments or queries, PATRICK DORGAN, commented before on the importance of small please contact me at [email protected]. PRESIDENT 2 October 2019 CONTENTS Law Society Gazette | gazette.ie gaLAW SOCIETY ette PIC: SHUTTERSTOCK LAW SOCIETY GAZETTE LAW Future shock Cherry bomb Moore’s treat Volume 113, ‘Predictive analytics’ and ‘Second chance’ insolvency The Gazette speaks to the the further commodification solutions for businesses incoming managing partner of the business of law and individuals of top firm Arthur Cox number 8 • Vol 113 No 8 • Vol gaLAW SOCIETY ette€4.00 OCTOBER 2019 48 14 OCTOBER 2019 Subscriptions: €65 (€95 overseas) SHINING A MAGAZINE OF THE YEAR Blackhall Place, Dublin 7 10 Law Society of Ireland LIGHT tel: 01 672 4828 Law Society launches fax: 01 672 4801 9 771393 695029 ISSN 1393−6956 solicitors’ well-being supports email: [email protected] PROFESSIONAL NOTICES: see the ‘Rates’ panel in the professional notices section of this Gazette COMMERCIAL ADVERTISING: contact Seán Ó hOisín, 10 Arran Road, Dublin 9; mobile: 086 811 7116, tel: 01 834 6891, email: sean@ lawsociety.ie. 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