Jim’ll f ix it! Working abroad Winning ways James MacGuill wins The latest information Gazette team scoops the day in the European on international job top gong at national Court of Human Rights possibilities for lawyers magazine awards LAW SOCIETY LAW GAZETTEGAZETTE€3.75 Jan/Feb 2011 THE BIG CHILL The ‘chilling effects’ of costs for public interest litigation 2010-11 BUSINESS TO BUSINESS MAGAZINE OF THE YEAR LegaL RequiRements The European Arrest Money Laundering and Warrant in Ireland Terrorist Financing Act Remy Farrell BL and 2010: Annotated Anthony Hanrahan BL Dr Max Barrett (Solicitor) Price: €140 Price: €80 Irish Criminal Justice: Principles of Irish Theory Process and Employment Law Procedure Dr Brenda Daly, Dr Vicky Conway, Dr Yvonne Daly, Dr Michael Doherty Jennifer Schweppe Price: €60 Price: €80 Cassidy on the EU Law in Ireland Licensing Acts Dr Elaine Fahey Third Edition Constance Cassidy SC Price: €60 Price: €325 COming sOOn The Probate Handbook Housing Law, Tim Bracken BL and Rights and Policy Margaret Campbell (Solicitor) Dr Padraic Kenna Price: Price: Aprrox €35 Approx €220 (HB) | €170 (PB) To order email: [email protected] Telephone: 01 415 0439 Fax: 01 454 9265 For more information on these and other titles please visit our website: www.claruspress.ie Law Society Gazette www.gazette.ie Jan/Feb 2011 PreSident’S meSSaGe 1 InSuRAnCe CRISIS IS MAjOR COnCeRn t is with profound gratitude and great respect for you, The second report, reference my colleagues, that I write my first president’s message. 98-2010, entitled Alternative IThe economic tsunami and the horrendously stressful and Dispute Resolution – Mediation expensive insurance renewal process, for many colleagues, has and Conciliation, sets out a caused enormous levels of anxiety, upset and anger, together statutory framework for with huge financial pressure – which I readily acknowledge ADR applying to individuals, and with which I empathise. corporate and state bodies. It Some colleagues have told me that they were subjected contains 108 recommendations to totally unacceptable and unreasonable behaviour from and attaches a draft bill, which insurers in the renewal process – for the last two years sets out: especially. The present system has also created great a) The general principles financial, administrative and time pressure on many applying to mediation (for colleagues. I know the renewal process is also driving some example, confidentiality, firms out of existence by the high cost of insurance, and privilege, limitation periods “The PII renewal many practitioners feel a strong sense of isolation when and enforceability), process is driving applying for professional indemnity insurance (PII) renewal. b) The role of the court, c) The duty of solicitor, and some firms out of PII survey d) The obligations on the existence” A PII survey has now been sent by the Society to every firm litigant. in the country, and I would earnestly request that completed forms, which are confidential, be returned immediately so that I am asking a sub-committee of the Arbitration and Mediation they can contribute to major improvements in the PII renewal Committee to issue guidelines to the profession on the use of process for next December. Replies to the survey will be mediation and conciliation in practice. examined at a Council meeting on 18 February 2011. Please be assured that the insurance crisis is the major concern of the Congratulations to the Gazette Society at present, and the Society is determined to ensure if This is my first president’s message and I am delighted we possibly can that you, our colleagues, do not face a similar that it is being published in Ireland’s ‘Business-to-Business renewal process next December. Magazine of the Year’. At its December meeting, the Society’s On a different note, I wish to organise conferences during Council sent its warmest congratulations to Gazette editor the year for sole practitioners and young solicitors to identify Mark McDermott and all his team for their great success in ways in which the Society can do more to assist them. I am taking the top award in their category, as determined by the encouraging the Society’s work – which is already underway Magazines Ireland judges (see p12 of this issue). It reflects – to develop a mentoring system for newly qualified solicitors. well, not only on the Gazette team, but on the Society and the In addition, I will be examining ways in which the Society can profession to have the excellence of our flagship publication assist colleagues who wish to retire. nationally recognised in this way. With a determination not to rest on even those impressive laurels, the team has now LRC reports – guidelines produced the refreshing new design you see this month. Last December, the Law Reform Commission published a number of excellent reports and I would like to refer, briefly, to Contact me two of these. I would encourage any of you with concerns or suggestions The first, reference 97-2010, entitled Consolidation and to contact me at any time. In particular, in addition to meeting Reform of the Courts Acts, recommends that the monetary bar associations, I would be delighted to meet any other jurisdiction limit of the Circuit Court should be increased groups or firms of solicitors who wish to discuss the massive to €100,000, as intended by section 13 of the Courts and challenges we face as a profession. Court Officers Act 2002, subject to a lower limit of €50,000 in Mary McAleese has said: “Ireland’s task is to build on all personal injury claims. The jurisdiction of the District Court that was good in our success and to make our disappointments would be increased to €20,000. I am asking the Litigation a springboard to reimagine ourselves and our society.” That Committee for their views on these recommendations. should also be the aim of our profession. G John Costello President 2 ContentS Law Society Gazette www.gazette.ie Jan/Feb 2011 Law Society Gazette Volume 105, number 1 Subscriptions: €57 Editor: Mark McDermott FIIC Deputy editor: Dr Garrett O’Boyle Designer: Nuala Redmond Society Law Editorial secretaries: Catherine Kearney, GazetteGazette Valerie Farrell, Peter Downey Commercial advertising: Seán Ó hOisín, tel: 086 811 7116, ReGulaRS email: [email protected] 1 President’s message 47 Briefing For professional notice rates (wills, title deeds, 47 Council report: 10 December 2010 employment, miscellaneous), see page 58. 4 News 48 Practice notes Published at Blackhall Place, Dublin 7, 49 Solicitors Disciplinary Tribunal tel: 01 672 4828, fax: 01 672 4877. 12 Analysis 50 Legislation update: 13 november – Email: [email protected] 12 News feature: everyone’s a winner 31 December 2010 Website: www.gazette.ie baby, that’s no lie 51 One to watch Printing: Turner’s Printing Company Ltd, 14 News feature: international work 52 Justis update Longford opportunities for lawyers 54 Eurlegal: eCj upholds fine for abuse of 16 Human rights watch: school’s dominant position Editorial board: Michael Kealey (chairman), admission policy may discriminate Mark McDermott (secretary), Mairéad Cashman, 58 Professional notices Paul Egan, Richard Hammond, Mary Keane, against Travellers Aisling Kelly, Tracy Lyne, Patrick J McGonagle, 62 Recruitment advertising Ken Murphy, Andrew Sheridan 18 Comment 18 Viewpoint: why is forced labour not The Law Society of Ireland can accept considered a crime in Ireland? 64 Captain’s blawg no responsibility for the accuracy of Wild, weird and wacky stories from contributed articles or statements appearing legal ‘blawgs’ and news media around in this magazine, and any views or opinions 40 People and places the world expressed are not necessarily those of the Minister for justice at parchment Law Society’s Council, save where otherwise ceremony; Mayo solicitors’ annual indicated. No responsibility for loss or distress occasioned to any person acting or refraining dinner; SYS conference; Law Society from acting as a result of the material in Diploma Programme this publication can be accepted by the authors, contributors, editor or publishers. The 45 Books editor reserves the right to make publishing 45 Book reviews: Tax Book 2010; decisions on any advertisement or editorial article submitted to this magazine, and to The End of Lawyers? and District Court refuse publication or to edit any editorial Practice and Procedure in Criminal material as seems appropriate to him. Proceedings Professional legal advice should always be 46 Reading room: a new series focusing sought in relation to any specific matter. on the traditional and electronic Law Society library services 64 FSC independently-certified wood and paper products used by the Law Society Gazette come from ecologically-managed forests. Visit: www.fsc.org PEFC certifies that wood and paper products used by the Law Society Gazette are sourced by suppliers from sustainable, managed forests. Visit: www.pefc.org The Law Society Gazette is a full participating member of the Press Council of Ireland and M supports the Office of the Press Ombudsman. 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. 40 42 Law Society Gazette www.gazette.ie Jan/Feb 2011 ContentS 3 24 32 winning ways team scoops orking abroad Gazette onal w top gong at nati COVER PIC: THINKSTOCK The latest information magazine awards Law Society Gazette • Vol 105 No 1 jim’ll fix it! on international job James MacGuill wins possibilities for lawyers the day in the European Court of Human Rights coveR StoRy €3.75 jan/feb 2011 Law Society GazetteLaw 20 The big chill jaN/feb 2011 Protective costs orders – or orders at the outset of litigation that provide a plaintiff with certainty on the costs outcome – may provide G chiLL the means of overcoming the so-called ‘chilling effect’ of costs for public the bi YEAR BUSINESS’ THE TO OF Law Society of ireland he ‘chilling effects’ of costs t 2010-11 ‘BUSINESS for public interest litigation MAGAZINE interest litigation.