Contents FREE WITH THIS ISSUE! legal Yplanner 2002 LawSociety our Gazette Gazette Regulars Cover Story Papists, porter, and burning bricks News 2 10 Thank God for the English and their funny little ways. Many of their more archaic and unusual laws were finally repealed Letters 7 here in 1962, but some are still in force. Henry Murdoch takes a light-hearted look at this ludicrous legal legacy Tech trends 26 Stockwatch 28 Hats off to Elma Book reviews 35 14 She doesn’t fly, she’s never played rugby, but Briefing 39 new Law Society President Elma Lynch does have the dubious distinction of nearly Council reports 39 being thrown out of court for not wearing Committee the appropriate headgear. Here, she talks to report 42 Conal O’Boyle about her career and her plans for the year Legislation update 43 Practice notes 44 Nothing ventured Annual report 18 Over the last ten years, venture of the Disciplinary capitalists have poured hun- Tribunal 46 dreds of millions of pounds into Personal injury Irish companies. The cake may judgments 49 be getting smaller but, for the Eurlegal 52 right companies, there are still plenty of chances to get a slice. People and Barry O’Halloran reports places 57 Apprentices’ page 60 Neighbourhood watch Professional 22 We used to be taught that the answer to the well-known information 61 question ‘who is thy neighbour?’ was that ‘thy neighbour is all mankind’. But not if you’re a lawyer. Michael Peart explores COVER PHOTO: [email protected] the issues surrounding duty of care in the light of a recent Supreme Court decision ORDER YOUR GAZETTE DESK DIARY NOW! SEE INSERT IN THIS ISSUE Editor: Conal O’Boyle MA. Assistant editor: Garrett O’Boyle. Designer: Nuala Redmond. Editorial secretaries: Catherine Kearney, Nicola Crampton. 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: 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 4877. Volume 95, number 10 E-mail: [email protected] Law Society website: www.lawsociety.ie Subscriptions: £45 1 Law Society Gazette December 2001 News Little wins Law Society media award TÉ television reporter Joe other to TP O’Mahony for his RLittle has been named article in America magazine Overall Winner of the Law headlined Abortion and the courts Society’s Justice Media Awards in Ireland. competition. This competition In the Radio category, the aims to reward outstanding Justice Award went to Roisin journalism in the printed or Boyd and Ryan Tubridy of electronic media which RTÉ’s Five-Seven Live for a contributes to the public’s week-long series entitled understanding of the law, the Children in trouble, prompted by legal system or any specific the growing number of court legal issue. cases involving children. Barry Little won the top prize for Cummins of Today FM won a his special Primetime Certificate of Merit for his documentary on the Stardust Overall winner: RTÉ’s Joe Little interview with Kathryn Sinnott, disaster 20 years on. At a the mother of Jamie Sinnott. ceremony in the Law Society’s Award in the Daily action against RTÉ. The Justice Award for Blackhall Place headquarters Newspapers category was Certificates of Merit went Television was presented to last month, Immediate Past- Carol Coulter of the Irish Times to Margaret Rossiter of the RTÉ’s Joe Little for his special President of the Law Society, for her article Want a divorce? Nationalist newspaper in Primetime documentary on the Ward McEllin, presented the First choose your judge, published Tipperary for a very moving Stardust disaster 20 years on. prize to Little, whose report in February. account of a lonely rape also won the broadcast category A Certificate of Merit went victim’s experience during the LawSociety in the Justice Media Awards. As to Justine McCarthy of the week-long trial of her alleged Gazette Overall Winner, he received a Irish Independent for her article attackers, and Tony Galvin of Dublin Crystal vase and a entitled State of disgrace, dealing the Tuam Herald for his article cheque for £1,000. with the state’s approach to the entitled Whistle-blowing on Christmas The winners in each of the Kathryn Sinnott litigation. drunken drivers is not as easy as publication four other categories in the The winner of the Justice it sounds, which appeared in As usual, the Gazette will be competition won a Justice Award in the Non-Daily August of this year. taking a well-earned break Award, comprising a Dublin Newspapers category was In the Magazine category, over the Christmas period, Crystal Joyce plate (and a £500 Jerome Reilly of the Sunday the judges awarded two so there will be no issue in cheque), with the runners-up Independent for an article Certificates of Merit, one to January. Normal publication will resume with a joint receiving a Certificate of Merit entitled Comment is free, but Carol-Anne O’Reilly of January/February issue, (and a cheque for £100). facts cost dear, on the costs of Consumer Choice for an article due out in early February. The winner of the Justice the Beverly Cooper-Flynn libel on bullying in work and the ONE TO WATCH: NEW LEGISLATION Company Law Enforcement and the new filing regime (to come into appointment of an inspector to inves- this to court, which may act as it Act, 2001 effect next March) are expected to have tigate the affairs of a company, and thinks fit, for example by directing This act became law in July, and some a major impact on compliance with the such an inspector may be a member compliance, and, failing that, holding sections have been brought into force rules and corporate governance in gen- of the DCE’s staff. This makes the person in contempt. The section by SI 391/2001 and SI 438/2001. On eral. Any practitioner who advises those sense as such a person may already is also broadened to include 27 November, SI 523/2001 and SI involved in running companies will need have acquired knowledge of a com- accountants, book keepers or taxa- 524/2001 commence those sections to be aware of the provisions of this act. pany’s affairs through preliminary tion advisors along with auditors relating to the office of the new Director Part III of the act deals with the investigations • Section 29 replaces section 19 of of Corporate Enforcement, Paul Appleby. investigation of suspected offences by • Section 22 expands the related com- the Companies Act, 1990 (the sec- The director of corporate enforce- the DCE under the Companies Acts and panies to which an investigation may tion used by the minister to under- ment (DCE) will be an independent per- company investigations under part II of be extended with the permission of take examinations in some high-pro- son appointed for periods of five years, the Companies Act, 1990. The following the court, to include companies with file cases). It extends the power to with an office and staff. He will take are important features: which the company under investiga- examine books and documents of a over the functions of the minister in • Section 14 refers to a table which tion has a commercial relationship company under investigation to relation to investigation and enforce- lists the powers and functions of the • Section 23 amends section 10 of books and documents which may ment of the Companies Acts. The act minister under the Companies Acts the 1990 Companies Act, which contain information about that com- gives the director considerably which are to be transferred to the requires a company under investiga- pany, but which do not belong to that enhanced powers. It tightens up the fil- DCE without amendment tion and its officers and agents to company. It also makes it an offence ing of information in the Companies • Section 19 requires minute books to produce all books and documents to answer questions with false and Office and establishes a Company Law be made available to the DCE on and give all other assistance to misleading information, or to destroy, Review Group on a statutory footing to request to facilitate investigation of a inspectors. It preserves a lien held mutilate, falsify or conceal any book monitor, review and advise the minister company’s affairs by anyone over such books and doc- or document if under notice of an on company law matters. • Section 21 provides that the DCE uments, and, in the event of non- order requiring inspection by the The increased powers of the DCE may apply to the High Court for compliance, the inspector may certify DCE.