LAW LAW PRICE OF EVERYTHING HOW TO SUCCEED A SHAW THING S OCIETY GAZETTE Solicitors need to be The EU Regulation on New Law Society aware of the ‘black art’ Succession Law has created President John P Shaw of property valuation certain ambiguities outlines his plans • Vol 107 No 10 • Vol LAW SOCIETY LAW GAZETTEGAZETTE€4.00 December 2013 D ECE MB ER 2013 A GIANT STEP? Law Society of Ireland The IDA’s CPO powers have been used for the first time Two new criminal titles from Evidence in Police Powers Criminal Trials in Ireland by Liz Heffernan with Úna Ní Raifeartaigh SC by Garnet Orange The first Irish textbook devoted exclusively Irish policing law and practice has seen great to the subject of criminal evidence reform over the past 20 years. This new title will provide you with comprehensive, detailed Police Powers in Ireland is a new, hands-on guide that coverage of law and practice on the admissibility of will help you keep abreast of developments in this area. It evidence, the presentation of evidence in court and the explains and explores the powers that are available to the pre-trial gathering and disclosure of evidence. Gardaí for the investigation of serious offences. Wide-ranging coverage Covers the following key areas: The work combines analysis of traditional evidentiary n Judges’ Rules and the questioning of suspects doctrine with discussion of its application in practice. n Adverse inference The topics covered include: n Police powers to enter property and powers to search n The examination of witnesses that property n Expert evidence n Stop and search of vehicles n Custodial statements n Observation, surveillance and phone-tapping n Unlawfully obtained evidence and interception n The rule against hearsay n The seizure and retention of evidence n The testimony of children n Forensic evidence n Visual ID You’ll also find coverage of n Entrapment developments such as the cross- examination of the accused, n Trial and remedies previous witness statements and n Garda Ombudsman DNA evidence. ISBN: 978 1 78043 420 9 ISBN: 978 1 78043 477 3 Publication Date: Jan-14 Publication Date: Dec-13 Format: Hardback Format: Hardback Price: €165 List price: €175 TO ORDER A COPY OF THESE BOOKS Contact Jennifer Simpson, Bloomsbury Professional. Tel: 01 (353) 6373920 Fax: 01 (353) 6620365 Email: [email protected] Web: www.bloomsburyprofessional.com DATE FOR YOUR DIARY 25th/26th April 2014 LAW SOCIETY ANNUAL CONFERENCE DROMOLAND CASTLE, CO CLARE BOOK ONLINE: www.lawsociety.ie/annual-conference 2 CONTENTS Law Society Gazette www.gazette.ie December 2013 Law Society Gazette Volume 107, number 10 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] 59 Legislation update: 8 October – For professional notice rates (wills, title deeds, 4 News employment, miscellaneous), see page 61. 11 November 2013 60 Eurlegal: The Construction Products Published at Blackhall Place, Dublin 7, 12 Analysis 12 News feature: The new Guide to Good Regulation; recent developments in tel: 01 672 4828, fax: 01 672 4801. European law Email: [email protected] Professional Conduct Website: www.gazette.ie 14 News feature: A recent conference examined Ireland’s changed legal and 62 Professional notices Printing: Turner’s Printing Company Ltd, commercial landscape Longford 63 Recruitment advertising Editorial board: Michael Kealey (chairman), 17 Comment Mark McDermott (secretary), Mairéad Cashman, 17 Letters 64 Captain’s blawg Paul Egan, Hilary Forde, Richard Hammond, 18 Viewpoint: Progress on the Child Mary Keane, Aisling Kelly, Teri Kelly, Tracy Lyne, Patrick J McGonagle, Aisling Meehan, Care Law Reporting Project Heather Murphy, Ken Murphy, Andrew Sheridan 20 Viewpoint: Transforming the role of the Parole Board The Law Society of Ireland can accept no responsibility for the accuracy of 44 People and places contributed articles or statements appearing in this magazine, and any views or opinions 48 Parchment ceremonies expressed are not necessarily those of the Law Society’s Council, save where otherwise indicated. 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To contact the Office of the Press Ombudsman go to: www.pressom- budsman.ie or www.presscouncil.ie. 46 47 Law Society Gazette www.gazette.ie December 2013 CONTENTS 3 40 28 A SHAW THING TO SUCCEED New Law Society HOW President John P Shaw The EU Regulation on outlines his plans LAW SOCIETY GAZETTE • Vol 107 No 10 PRICE OF EVERYTHING Succession Law has created Solicitors need to be certain ambiguities aware of the ‘black art’ of property valuation €4.00 December 2013 LAW SOCIETY GAZETTELAW COVER STORY 22 And now for something DECEMBER 2013 completely different The IDA recently decided to exercise its compulsory purchase powers in the vicinity of the M4 A GIANT STEP? corridor. Judicial review proceedings Law Society of Ireland The IDA’s CPO powers have followed in the High Court, with been used for the first time the action failing on all counts. The 36 Supreme Court awaits. Nora Pat Stewart explains FEATURES 28 A Shaw thing 36 Manufacturing consent The Law Society’s new president The Construction Contracts Act 2013 will talks to Mark McDermott about the apply after such day as the Minister for balancing act between regulation Public Expenditure and Reform appoints. and representation, and the Troika’s A number of steps must first be taken overinflated opinions on legal costs by Government before then, as Anthony Hussey points out 32 Succession slalom The ‘Brussels IV’ Regulation is relevant 40 Value judgements to wills that could come into effect In Ireland, valuations can be a ‘black after August 2015. Aileen Keogan art’, leading to obvious problems down tackles the black slopes of succession the line. Maggie Armstrong assesses planning her options 32 HOW TO REACH US: Law Society Gazette, Blackhall Place, Dublin 7. Get more at gazette.ie Gazette readers can access back issues of the Tel: 01 672 4828, fax: 01 672 4877, email: [email protected] magazine as far back as Jan/Feb 1997, right up PROFESSIONAL NOTICES: send small advert details, with payment, to: Gazette to the current issue at lawsociety.ie. You can also check out: Office, Blackhall Place, Dublin 7, tel: 01 672 4828, or email: [email protected]. • Current news All cheques should be made payable to: Law Society of Ireland. • Forthcoming events, including a lecture on the International Criminal Court with Justice Susan COMMERCIAL ADVERTISING: contact Seán Ó hOisín, 10 Arran Road, Dublin 9, Denham in the Royal Irish Academy, Dawson St tel: 01 837 5018, fax: 884 4626, mobile: 086 811 7116, email: [email protected] on 16 December. HAVE YOU MOVED? Members of the profession should send change-of-address details to: • Employment opportunities • The latest CPD courses IT Section, Blackhall Place, Dublin 7, or to: [email protected] … as well as lots of other useful information 4 NEWS Law Society Gazette www.gazette.ie December 2013 Nationwide Compiled by Kevin O’Higgins Kevin O’Higgins is the Law Jazzing it Society’s senior Having a ball at Rathsallagh vice-president up for Judge WICKLOW The Wicklow Bar Association reception, followed by a delicious Lyster (WBA) held a very successful meal and live music entertainment. ROSCOMMON biannual ball recently, Damian WBA president Paddy McNeice Conroy tells me. The black- thanked special guests Judge In the north-west, colleagues tie dinner-dance was held at Patrick McCartan and county came together to honour popular the beautiful location of the registrar Mary Delehanty. A floral colleague William Lyster, who City of the Rathsallagh House Hotel. The night bouquet was presented to organiser has since gone on to greater began with a champagne cocktail Maria Byrne (CJ Louth Solicitors). things. Mary Rose McNally Tribes’ family (Padraig Kelly Solicitors) tells me that the Roscommon Bar gathering Association hosted a function to galway mark the appointment of William as a judge of the insolvency A CPD event has been courts. organised to take place on Says Mary Rose: “Over 60 Friday 13 December 2013 at practitioners from Roscommon, 2pm in Galway Courthouse Leitrim, Longford and Sligo (three hours’ general and one bar associations, as well as from hour of regulatory).