Contents FREE WITH THIS ISSUE! legal Yplanner 2004 LawSociety our Gazette Gazette Regulars Cover Story Driving ambitions News 2 10 It’s been 100 years since the first serious attempt to put the brakes on the development of the motor car in the Motor Act 1903. Robert Pierse Viewpoint 6 looks back on this seminal piece of legislation Letters 9 An offer you can’t refuse Book reviews 33 14 The solicitors’ profession is under Briefing 39 attack like never before. New Law Society president Gerard F Griffin talks Committee to Conal O’Boyle about his career and reports 39 why he plans to come out fighting Practice notes 39 Legislation Discovery channels update 42 18 The master of the High Court has delivered a number of recent Solicitors decisions that clarify the practice and procedure for seeking discovery Disciplinary of documents. His judgments are reproduced here Tribunal 44 Annual report of Solicitors Fast on your feet Disciplinary 23 You may never have to argue a case Tribunal 46 in court, but you certainly need to know how to do it. Kathy Burke Personal injury judgment 50 speaks to a husband-and-wife team who took the Law Society’s advocacy FirstLaw update 51 course for solicitors Eurlegal 57 People and Death and taxes places 60 26 Anne Stephenson discusses the capital acquisitions and residential Obituary 61 property tax consequences of deeds Apprentices’ page 62 of family arrangements and the solicitor’s role in protecting the Parchment personal representative ceremonies 2003 63 Professional Executive class information 70 30 The Irish Institute of Legal Executives has had a busy year. Its continuing professional development programme was launched in COVER PHOTO: THE NEW MERCEDES SLR MCLAREN October, while the first batch of graduates from its new diploma programme will be conferred this month. Naomi Murphy explains Editor: Conal O’Boyle MA. Assistant editors: Kathy Burke, Garrett O’Boyle. Designer: Nuala Redmond. Editorial secretaries: Catherine Kearney, Valerie Farrell. 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), Tom Courtney, Eamonn Hall, Mary Keane, Ken Murphy, Michael V O’Mahony, Alma Sheehan, 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 97, number 10 E-mail: [email protected] Law Society website: www.lawsociety.ie Subscriptions: €57.15 1 Law Society Gazette December 2003 News EUGENE F COLLINS: A CORRECTION New officer team in place An item in the October issue of the Gazette incorrectly stated he Law Society has a new that Eugene F Collins, following TCouncil and a new officer its merger with GD Fottrell & team, with Gerard F Griffin Sons in May, has ‘a taking over as president for the complement of 30 solicitors next year. Griffin was deemed and three consultants’. In fact, elected to the post after serving the firm has doubled in size as senior vice-president last since the merger and now has year, while Owen Binchy was 53 lawyers and 15 partners, elected senior vice-president for a total of 68 fee-earners. 2003/04, with John D Shaw as junior vice-president. PRIZE BOND WINNERS 2003 The following members The winners of the Law were elected to the Law Society Society’s prize bond draw were: Council in the recent ballot, Conal J Clancy, Dublin; Donal with the number of votes O’Hagan, Dundalk; Denis received appearing after their Law Society president Gerard F Griffin with senior vice-president McDowell, Dublin; Denis J names: Owen Binchy and junior vice-president John D Shaw Barror, Dublin; Brian A Gartlan, 1. Brian J Sheridan 1,533 Dublin; John Rochford, Dublin; 2. Geraldine Clarke 1,527 16. Gerard Doherty 1,073 Patrick O’Connor, Michael Patrick J Moran, Castlebar; 3. Owen Binchy 1,486 17. Thomas Martyn 1,068 Quinlan, Donald Binchy, John Richard Whelehan, Mullingar. 4. John O’Connor 1,473 18. Richard O’Hanrahan 725 P Shaw, Michael Irvine, Philip 5. John D Shaw 1,459 19. TC Gerard O’Mahony 386 Joyce, Simon Murphy, James EU PRESIDENCY TRANSLATION 6. Kevin O’Higgins 1,363 MacGuill, John Fish, James PROJECT 7. Michele O’Boyle 1,334 As there was only one McCourt, Peter Allen, Helen Clare-based e-working company 8. Stuart Gilhooly 1,297 candidate nominated for Sheehy, Orla Coyne, and Marie E-Training International has 9. James Cahill 1,289 Connaught, there was no Quirke. won the contract to provide 10. Moya Quinlan 1,233 election and Rosemarie Loftus publication and translation 11. Patrick Dorgan 1,226 was returned unopposed. In services during the forthcoming 12. John Dillon-Leetch 1,210 Munster, Eamon O’Brien was Gazette Christmas Irish presidency of the EU. It 13. John Costello 1,203 elected with 389 votes, beating publication will translate up to 80 14. Thomas Murran 1,163 Richard O’Hanrahan, who As usual, the Gazette will be documents a day and publish 15. Jarlath McInerney 1,139 polled 150 votes. taking a break over the Christmas them on the Irish presidency Council members are period, so there will be no issue in January. Normal publication will website. As many as 60 people The following candidates were elected for a two-year term. resume with a joint January/ will be employed on the project not elected and the number of The sitting Council members February issue, due out in early over a ten-month period. votes received by them appears who were elected last year are: February. after their names: Gerard Griffin, Anne Colley, RETIREMENT TRUST SCHEME ONE TO WATCH: NEW LEGISLATION Civil registration: section 16 of computerise the records. It because they did not go far enough any entry in the registers. A pilot the Social Welfare (Miscellaneous published a public consultation in collecting information which is run has been running in Cork since Provisions) Act, 2002 and the document in May 2001, and necessary to link records to the 8 September, and the new, Civil Registration Bill, 2003 considerable investment has taken same person. In so far as solicitors additional details for registration of Section 16 of the Social Welfare place to design a computer use their services for the tracing of births and deaths are being (Miscellaneous Provisions) Act, database and user interface, and relatives for purposes of recorded in the Cork District since 2002 is more far-reaching than it also to enter existing (historical) inheritance and ownership of that date. The main additional would seem from its modest seven records since 1844 and 1864. The property, or have clients who information is: (a) in relation to lines. It lists ten pieces of amendments in section 16 were undertake that task themselves, births, the recording of both legislation which are to be required to enable interim work to they are of concern to members of parents’ personal public service amended in accordance with the proceed pending the enactment of this society also. numbers (PPSNs), their dates of act’s schedule. Six of these are the Civil Registration Bill, 2003, As of 1 July, an Ard-Chláraitheoir birth, the father’s surname at statutes grounding the civil which was presented to the Dáil on is authorised to keep and maintain birth, and (b) in relation to registration system, which 17 July. registers of births and deaths in deaths, the deceased’s PPSN, comprises the public registration of Many of the amendments any form (including on computer) occupation of the deceased’s births, deaths and marriages. effected by section 16 are subject to their being capable of spouse and occupations of the An inter-departmental committee technical, but some of them being converted into a legible deceased’s parents or guardians. has been working to reorganise the caused disquiet in the community form and being used to make a With one reservation set out below, civil registration system and of genealogical researchers legible copy or reproduction of the additional information in 2 Law Society Gazette December 2003 News Unit prices: 1 November 2003 President promises review Managed fund: 415.279c All-equity fund: 96.762c of member support services Cash fund: 252.676c A ROSE BY ANY OTHER NAME ew president Gerard The draft terms of reference Laois solicitors have changed NGriffin has pledged to set for the Support Services Task the name of their association up a task force ‘to examine how Force are: from the Laois Bar Association the society can co-ordinate and •To review the support to the Laois Solicitors’ develop existing and new services currently provided Association because it is more support services for members by the Law Society and consumer-friendly, according to whose personal problems are others for solicitors and the association’s PRO Charles affecting their professional lives trainee solicitors Flanagan.