The Legal Services Regulatory Authority is an independent statutory body. We regulate the provision of legal services by legal practitioners and work to ensure the maintenance and improvement of standards in the provision of such services in the State.
The LSRA currently has a vacancy for the position of Higher Executive Officer, Communications, Research & Innovation Department.
Candidates should acquaint themselves with the essential entry requirements for applying for this position, as described in the Candidate Information Booklet below.
Applications should be made electronically by e-mail to recruit@lsra.ie
Higher Executive Officer Candidate Information Booklet
The Legal Services Regulatory Authority is an independent statutory body. We regulate the provision of legal services by legal practitioners and work to ensure the maintenance and improvement of standards in the provision of such services in the State.
The LSRA currently has a vacancy for the position of Complaints & Resolution Officers.
Candidates should acquaint themselves with the essential entry requirements for applying for this position, as described in the Candidate Information Booklet below.
Applications should be made electronically by e-mail to recruit@lsra.ie
Complaints & Resolutions Officer Candidate Information Booklet
Due to continued growth, Cantillons Solicitors is looking for 2 Legal Secretaries to join its team. They would be interested in hearing from Legal Secretaries with experience in general litigation and who enjoys working as part of a team.
One is a fulltime/permanent position and the other is a fixed 12-month contract to cover Maternity Leave, both commencing March 2021.
Salary commensurate with experience.
Key responsibilities:
Preparing, stamping and filing of courts forms and proceedings;
Preparing briefs to go to counsel and drafting legal documents;
Amending documents, letters and emails;
Diary management;
Photocopying, scanning and filing;
Filing - keeping hardcopy file up to date;
Post management; scanning to corresponding file and physical matching of post to file;
Any other duties which may be required to ensure office efficiency.
Key skills:
Excellent computer skills including Word and Outlook;
Excellent typing speeds with attention to detail essential;
Strong written and oral communication skills;
Positive attitude;
Excellent organisational skills.
Applications to reach Patricia Hughes, Office Manager by Friday 12th February 2021 by email to patricia.hughes@cantillons.com
Professor Philippe Sands QC to join Conor Gearty in free online event
Philippe Sands QC
Professor Philippe Sands QC will join Conor Gearty to discuss his life and career at a free online event early next month.
The discussion with the award-winning author, academic and barrister is being hosted by The British Academy as part of its Leaders in SHAPE series.
Philippe Sands is professor of the public understanding of law at University College London and a practising barrister at Matrix Chambers. He frequently appears before international courts, including the International Criminal Court and the World Court in The Hague, and has been involved in many of the most important cases of recent years, including Pinochet, Rwanda, Iraq and Guantanamo.
He is also an author, writes regularly for the press and serves as a commentator for the BBC, CNN and other radio and television producers. His books include Torture Team (2008), East West Street: On the Origins of Genocide and Crimes Against Humanity (2016) – which was named the winner of the Baillie Gifford Prize for Non-Fiction in 2016 – and The Ratline: Love, Lies and Justice on the Trail of a Nazi Fugitive (2020).
More information about the event on Monday 1 March 2021, 5pm, and details on how to submit a question for the audience Q&A are available from The British Academy website.
High Court: Judge orders remote hearing under new law despite objections from defendant
By Killian Flood BL
Killian Flood BL
The High Court has ruled that a Commercial Court case will be heard using the remote hearing platform TrialView, despite objections from the defendant.
The court considered the provisions of the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020, which allows a court of its own motion to order a remote hearing, and said that it was appropriate to make the order in the case.
The case had been listed to start in January in a partially-remote hearing, with some witnesses and lawyers being present in court. However, the recent coronavirus regulations prevented this.
Giving the decision, Mr Justice Brian O’Moore ruled that there was no prejudice to any party in conducting examinations of witnesses remotely and that limited resources had already been allocated for a six-week trial before the recent restrictions. The judge also said that he was fully satisfied that he could properly assess witnesses using the TrialView platform.
TrialView is a cloud-based document and video sharing platform designed specifically for court hearings. It has been used in several high-profile cases since the beginning of the coronavirus pandemic.
Background
The ruling concerned a case in which the special liquidators of the Irish Bank Resolution Corporation were seeking to recover sums of £11,964,478, under one facility and €13,539,286, £2,093,311 and $990,992 under a second facility from Mr Thomas Browne. Mr Browne was a former director of Anglo-Irish Bank and oversaw substantial lending up until November 2007. He defended the proceedings claiming that he was entitled to rescind the loan agreements due to fraud by IBRC. Mr Browne also brought a counterclaim for damages against the plaintiff.
The proceedings issued in the Commercial List in 2010 but owing to disagreements relating to discovery and the criminal investigations into other former Anglo directors, no trial took place and the matter was adjourned generally. The case was eventually given a trial date in January 2021 and was expected to run for six weeks.
Following the implementation of the Level 5 restrictions in December, the trial could no longer proceed with in-person advocacy and witness examination as planned. As such, the parties made submissions on having a fully remote hearing.
Mr Browne objected to a remote hearing in the case, citing several related reasons. First, it was said to be necessary for Mr Browne to give his evidence in person because the court could not assess his credibility via video link. It was claimed that it would be difficult for Mr Browne’s legal team to liaise with one another for a remote hearing. Further, Mr Browne argued that only urgent cases were supposed to proceed under the President’s High Court Notice for Level 5 restrictions, and his case was not urgent. Finally, it was said that Mr Browne did not have confidence in the process, which was an important factor.
Counsel for IBRC also claimed that it was preferable for Mr Browne and another key witness to give evidence in person.
High Court judgment
The court rejected all of the defendant’s arguments and ordered a remote hearing in the case. Considering section 11(2) of the 2020 Act, the court ruled that it could order a remote hearing of its own motion rather than by request of the parties. Mr Justice O’Moore outlined some of the factors which informed his decision, including that the Commercial List was a managed list where the court takes an active role in the proceedings. Moreover, it was noted that six weeks had been set aside for the trial, which was a substantial amount of court resources during the pandemic. Finally, the case had a “lengthy and chequered history” and it was important to bring it to a resolution.
Further, the court held that section 11(4) of the Act required that a direction for a remote hearing must be revoked if it would result in unfairness to any party. As such, the court identified the relevant test as 1) whether either party would be unfairly treated by a remote hearing and 2) whether the court should exercise its wide discretion to order a remote hearing.
Applying the test to the case, the court held that a remote hearing would not be unfair to Mr Browne. In reaching this decision, the court noted that the parties had in fact agreed that a number of witnesses, including experts, would be examined remotely before the recent Level 5 restrictions. As such, there was no good reason advanced why Mr Browne could not do the same.
Further, Mr Justice O’Moore held that, based on his experience, “the TrialView platform is one which enables me to assess the evidence.” The court also cited praise of the platform by Mr Justice Denis McDonald in Leinster Overview & Ors. v. FBD Insurance [2021] IEHC 78 who said that the system was “perfectly adequate from a judge’s perspective in terms of being able to see the face of the witness clearly as the witness is being examined by counsel.” The court also noted the approval of Mr Justice David Barniville and Mr Justice Charles Meenan of the TrialView system.
Conclusion
The judge concluded that there was “no real substance” to the objections of Mr Browne. Parties could make arrangement such as Whatsapp groups for easy communication. Further, the defendant was simply wrong to say that only urgent matters could take place under the High Court Notice. As such, the court directed that the action would be heard remotely using the TrialView platform.
Fergal Gaynor competing today for ICC chief prosecutor role
Fergal Gaynor
Irish barrister Fergal Gaynor is one of four candidates competing today for election as the next prosecutor of the International Criminal Court (ICC).
The prosecutor will, for the first time, be elected in New York by a secret ballot of all 123 states parties to the Rome Statue rather than by consensus.
Mr Gaynor is competing against Karim Khan from the UK, Carlos Castresana from Spain and Francesco Lo Voi from Italy.
A graduate of Cambridge University and Trinity College Dublin who called to the Irish Bar in 2008, Mr Gaynor has over 18 years’ experience in the investigation and prosecution of, and representing victims of, war crimes, crimes against humanity and genocide.
His legal career began in 1997 when he was admitted as a trainee solicitor at Freshfields Bruckhaus Deringer in England. He was hired out of the firm in 2001 to work at the International Criminal Tribunal for the former Yugoslavia (ICTY).
He practised as a criminal defence barrister before the Irish courts from October 2008 and August 2009, before being asked to return to the ICTY for the trial of Radovan Karadžić, the so-called “Butcher of Bosnia”.
Last year, he was appointed as reserve international co-prosecutor of the international tribunal set up to try members of the Khmer Rouge for alleged war crimes in Cambodia.
NI: Sexual offence complainants to have access to legal representation from April
Naomi Long
Complainants in sexual offence cases in Northern Ireland will have access to fully qualified sexual offences legal advisors (SOLAs) from April, Justice Minister Naomi Long has confirmed.
The pilot scheme fulfils one of the recommendations of retired Court of Appeal judge Sir John Gillen's high-profile review of the law and procedures in serious sexual offences in Northern Ireland, which was published nearly two years ago.
SOLAs will be available from 1 April 2021 via a pilot scheme delivered through Victim Support NI, Mrs Long said in response to a written question in Stormont.
The minister said: "SOLAs will provide advice in relation to the disclosure of evidence, the use of previous sexual history and will ensure that their clients’ interests and wishes are communicated to the Public Prosecution Service."
There has also been significant progress in introducing remote evidence centres, which were also recommended by the Gillen review.
Mrs Long said: "Two interim remote evidence centres, one in Craigavon and the other in Belfast, are now ready for use and will commence operations as soon as suitable cases are identified.
"These facilities will provide victims and witnesses with a less daunting environment from which to give evidence and eliminate any chance of encountering the defendant or their family in court."
She added: "Work continues in regard to the provision of appropriate training for justice partners; improving relationship and sexuality education for children and young people; and enhancing the existing protocol to expedite serious sexual offence cases involving children under 13 years.
"I also intend to bring forward legislation in this mandate to bring into effect a number of Gillen recommendations."
Child maintenance review moves to public consultation
Heather Humphreys
Ministers have launched a public consultation on the current treatment of child maintenance payments and the obligations of liable relatives within the social protection system.
The six-week consultation launched by Social Protection Minister Heather Humphreys yesterday will also seek view on whether a specific Child Maintenance Agency should be established.
The consultation responses will inform the work of the Child Maintenance Review Group, chaired by Judge Catherine Murphy, formerly of the Circuit Court, which is due to report later this year.
Ms Humphreys said: "The child maintenance system is a complex one that affects thousands of families across the country.
"I am very pleased that the review of child maintenance arrangements is underway and to announce today the call for submissions under the public consultation process.
"This process is an opportunity for stakeholders, whether they are individuals or groups, to provide information, experiences and different perspectives on the areas under consideration.
"Stakeholder submissions are a vital source of information which will help to inform the review and the recommendations which the group will present to me later this year."
Under existing legislation, parents and certain categories of guardian or people acting in the place of parents, who may be liable under the Children and Family Relationships Act 2015, are obliged to maintain their children, even in cases where the family unit has broken down.
Child maintenance arrangements can be agreed directly between the parties themselves, or with the assistance of their solicitors, private mediators or supports such as the Family Mediation Service, the Legal Aid Board, or ultimately can be determined through the courts.
It is a condition of the One-Parent Family Payment (OFP) and Jobseeker’s Transition (JST) schemes that applicants must make efforts to seek maintenance from the other parent.
In addition, where a One-Parent Family Payment is awarded, the Department of Social Protection seeks to engage with the other parent or liable relative in order to ascertain whether they are in a financial position to contribute towards the cost of the One Parent-Family Payment.
These issues are being considered by the Child Maintenance Review Group along with an examination of the case for the establishment of a state Child Maintenance Agency.
Gardaí investigating alleged fist-fight between lawyers
Gardaí are investigating an alleged fist-fight between two lawyers in Dublin city centre yesterday.
In a statement, An Garda Síochána said it had "commenced an investigation following an alleged assault incident between two males on Wolf Tone Quay, Dublin 7, shortly after 11am".
One of the men "sustained facial injuries in the incident", the force added.
The men have not been named but Independent.ie reports that both are practising solicitors.
Northern Ireland firm MKB Law has unveiled a new brand identity and website as part of its ongoing business development plans.
The firm has grown to 35 staff members and offers services in all areas of law, with a particular focus on corporate, property, dispute resolution, debt recovery, employment, family and private client services.
Managing director Gordon McElroy said: "The launch of our new website and brand identity was the next step in our ongoing business development plans that began last year with a major refurbishment of our Great Victoria Street offices.
"During these trying times, MKB Law will continue to invest and expand in order to best support our staff, clients and the local business community."
Kym Horner, the firm's in-house marketing executive, said: "MKB Law has established a strong brand identity combined with a creative and engaging output across all platforms – we are pleased to be continually setting standards in terms of legal marketing within the local sector."
NI: Long to meet family of student killed by drunk driver before sentencing review announcement
Justice Minister Naomi Long will next week meet with the family of an 18-year-old student killed by a drunk driver to discuss the initial findings of a major sentencing review.
The family of Enda Dolan, who was killed in October 2014, have called for tougher sentences for drunk drivers ever since David Stewart, 31, was given a seven-year sentence in 2016 for striking the first-year student with his van.
Mr Stewart's prison term was later increased by a year on appeal, but the family said that was still insufficient.
Former justice minister Claire Sugdenannounced a major review of the legislative framework for sentencing in 2016 and Mrs Long has now confirmed that she has "recently agreed a first tranche of recommendations flowing from the sentencing review".
In a written response to a Stormont question, Mrs Long said: "These include decisions on sentencing for offences causing death by driving which I wish to discuss with the Dolan family, who have maintained a constant interest in the review, before making any public announcements.
"I have arranged to meet with the family next week. Work on completing the remaining recommendations is at an advanced stage. I anticipate a number of legislative changes flowing from the review, and will be publishing the way forward shortly."
NI: Fresh inquest ordered into New Lodge Six shooting
Brenda King
Attorney General Brenda King has ordered a fresh inquest into the shooting of six Catholic men in the New Lodge area of north Belfast in February 1973.
The British Army initially said all six men had been shot by soldiers, but later said it appeared that loyalist paramilitaries were responsible for two of the deaths. A one-day inquest in 1975 returned an open verdict.
The families of the men – John Loughran, James McCann, James Sloan, Anthony Campbell, Brendan Maguire and Ambrose Hardy – have since called for a further investigation into the killings of the "New Lodge Six".
Ó Muirigh Solicitors, which represents Mr Loughran's family, said it had received correspondence from Ms King this morning to confirm a fresh inquest had been directed.
Solicitor Pádraig Ó Muirigh said: "The decision by the Attorney General is a significant step forward for the families’ campaign for the truth about what happened to their loved one.
"There has never been anything approaching a proper police investigation into the incident. Whilst there was civilian evidence and forensic reports to contradict the soldier’s accounts, these accounts were never put to the soldiers and their accounts were simply accepted without question.
"The non-compellibililty of the soldiers to give evidence to the Coroner’s Court in 1975, the lack of pre-inquest disclosure to the families or their legal representatives and the inability of the Coroner’s court to reach ‘findings’ meant that the original inquests into the death of John Loughran and the other New Lodge Six victims were equally flawed.
"An Article 2 compliant inquest can provide a scrupulous investigation that results in an evidenced based examination and analysis of what happened in the New Lodge in 1973."
This Sunday marks the centenary of the escape of three men from Kilmainham Gaol, at that time both a British military barracks and a political prison.
Ernie O’Malley, Simon Donnelly and Frank Teeling escaped from the prison while a fourth prisoner involved in the escape, Patrick Moran, decided to stay behind and was hanged a month later.
Kilmainham Gaol Museum has released a recorded interview with three people who hold unique insights into the story:
May Moran, a former teacher and the niece of Patrick Moran. In 2010 she published Executed for Ireland: The Patrick Moran Story which tells the story of his remarkable life.
Cormac O’Malley, the son of Ernie O’Malley. Mr O'Malley has overseen the re-publication of a number of editions of his father’s memoirs, as well as previously unpublished writings and interviews Ernie O’Malley conducted with over 450 of his former comrades. Most recently he produced a film about the life of his father and mother, the artist Helen Hooker, entitled A Call to Arts.
William Murphy, a lecturer in the School of History and Geography, DCU. His primary field of research is modern Irish history, and in particular the history of the Irish revolutionary period. Among his publications is Political Imprisonment and the Irish, 1912-1921 which was published by Oxford University Press in 2014.
The interview was moderated by Brian Crowley, collections curator of Kilmainham Gaol, and explores the escape and its wider significance in the history of the War of Independence.
A jailed Chinese lawyer who defended other human rights lawyers arrested in a sweeping crackdown against activism has won an international human rights award.
Saudi authorities have released prominent women's rights activist Loujain al-Hathloul after nearly three years in detention, her family said, as the kingdom comes under renewed US pressure over its human rights record.
Four prominent pro-democracy activists have been denied bail by the Bangkok Criminal Court and ordered into pretrial detention for allegedly insulting or defaming the Thai monarchy.
Senior US lawmakers have called on the UK to live up to its “moral responsibility” and help end both countries “complicity” in Saudi Arabia’s war in Yemen.
The Latin American and Caribbean Election Observers Network has denounced the Ecuadorean authorities' lack of foresight and planning for the voting process the country underwent on Sunday.
LEAP software keeps law firms working remotely Sponsored post
Ben Aslet, LEAP UK Marketing Manager, explains how law firms using LEAP’s cloud-based practice management solution are successfully adapting to remote working and how it’s as near as can be business as normal for law firms using LEAP. He said LEAP have talked to several law firms using the software to find out how they are managing with life away from the office.
The current health crisis means that more and more legal professionals are working from home. Many are showing resilience and agility in the face of the lockdown and those firms that are equipped and have remote-friendly software are faring much better than those have not.
Mike Leeman, BLJ Solicitors comments “We now have 50 members of staff working seamlessly from home, thanks to LEAP Legal Software UK.”
We have been working hard to support our clients to acclimatise during lockdown and the feedback that we have received has been incredibly encouraging with many very grateful that they made the transition to cloud software when they did so that their business can continue functioning remotely. Eliot Hibbert of Nexa Law adds: “LEAP is helping our lawyers continue to offer a seamless service in what is a challenging and unprecedented environment.”
Our Helpdesk and Client success teams have been touching base with our clients to ensure that they can continue to remain productive during the crisis and in many cases our clients are now beginning to understand the true value of LEAP. Paula Langley, Practice Manager, Bookers & Bolton says:“We love it! We are all happily working from home immediately and by taking our work machines home we have fully functioning desktops immediately.
We are finding that firms are benefitting from LEAP’s existing integrations with leading software providers such as LawConnect, for secure document sharing and collaboration with their client. As Stephanie Richardson, Office Manager, Evolve Family Law Ltd puts it: “We are able to create correspondence with all the enclosures without printing a single piece of paper, building bundles and briefs virtually with a click of a button and sharing securely via LawConnect.”
Many LEAP firms are using RapidPay which lets your clients pay you quickly and conveniently online. Ms. Bushra Ali, Director and Head of Practice of Bushra Ali Solicitors and Immediate Past President of the Leicestershire Law Society says: “We can claim fees from clients much quicker and more efficiently. LEAP made it possible for us to shift all our staff to work from home and to be able to operate the entire firm remotely.”
We also hope that our clients will appreciate our continued development of the software to help law firms to work from home during this difficult time. Since the beginning of lockdown LEAP have launched some additional exciting new features that will benefit law firms when working from home. Via the LEAP Mobile App, iPhone and iPad users can now make FaceTime video and audio calls to clients and other parties, time record these calls and can invite clients to prearranged FaceTime meetings.
LEAP now integrates with Microsoft Teams, meaning law firms can work across multiple locations and staff can share and collaborate on documents and matters, conduct audio or video calls across the team and schedule client call backs directly from LEAP using Microsoft Teams' instant messaging service.
At LEAP we are committed to making our software ever easier to use and more versatile so that our law firms can get on with doing what they do best – practising law. We were one of the first legal software vendors to utilise cloud technology and the fact that our clients are able to function remotely so well is a validation of the work our research and development teams have been undertaking for many years. Stay safe everybody, and keep your clients happy!
Stewart Title Business Continuity Programme Sponsored post
As concern regarding COVID-19 (coronavirus) continues to evolve, Stewart Title is closely monitoring developments including the recommendations made by healthcare authorities and the UK government, in order to safeguard the health and well-being of our employees while ensuring our continued ability to serve our clients.
We also wanted to assure you that Stewart Title’s Business Continuity Programme was designed to address these types of events and ensure our organisation is prepared to maintain the delivery of products and services with minimal disruption on service levels.
Accordingly, we wanted to inform you that the regular means of accessing our services remain unchanged and that there are tools and policies available that may be of assistance:
Online ordering via Stewart Solution from where you can continue to order cover for over 150 title indemnity risks. Our online ordering site is available at anytime and can be accessed on your tablet or mobile. If you’re currently not a user, but wish to sign up, you can register on the site at stewartsolution.com.
Our Underwriting Team is available for more complex matters or where you need to discuss your transaction. Enquiries can be sent by email to quotes@stewart.com or by phone on 02070107820 or 02070107821. Should you choose to contact us by email, please include your name, contact information, Stewart file number (ST/**********) and a brief description of your enquiry. One of our team members will get back to you in a timely manner.
No Search and Search Validation Policies are available to help your client’s transaction to proceed if you are unable to obtain the results of the normal pre-contract searches from public bodies, as a result of changes to working hours or closures due to COVID-19.
We hope that by providing you with the above information, we have been able to alleviate some of your concerns during this challenging time.
We wish you, your family and your associates continued health and resilience. We will continue to be in touch as the situation develops.
Technology in the 21st Century is providing us with the means to communicate our thoughts and ideas across the planet in a way that would have been unthinkable, even 10 years ago.
However good the technology is, it cannot pick up the subtleties of a language, the culture that underpins it, or even the humour that oils many of our conversations.
For this reason there has always been a need for skilled interpreters and translators and probably always will. That’s where Global Language Services Ltd can help you.
Not only do we have the language service talent that you are likely to need, we also have a track record that spans Government, health, justice, commercial and private sector contracts.
So, whatever you want to achieve in a different language, we’re on your side from the word ‘go’.
We go out of our way to help with any translation and interpreting requirements and you can test that simply by picking up the phone and getting in touch. Calls are answered by trained operators with no call centres – just real people determined to help you achieve your language service requirements as quickly as possible.
If you’ve been searching for Professional Translation or reliable Interpreting Services at competitive prices, we like to think that Global will be your long-term partner after your first project with us.
With offices in Glasgow, Edinburgh, Inverness and Aberdeen we are committed to finding local interpreters and translators wherever possible. Our reach, however, goes much further than Scotland and we are happy to take translation projects from across the world.
Police officers have spoken of their "disbelief" after pulling over a car almost entirely covered in thick snow.
The motorist had apparently been driving in Dundee, Scotland while peering out of a very small window in the snow over their side of the windscreen.
Inspector Greg Burns of the Tayside Roads Policing Unit said: "Our officers genuinely could not believe what they were seeing when they saw this car today."
The driver "had practically zero visibility forwards, and it is nothing short of miraculous that no-one was hurt", officers said.
Mr Burns added: "It's not an exaggeration to say that this is just about the most extreme example of lack of preparation that we've ever seen."
The Legal Services Regulatory Authority is an independent statutory body. We regulate the provision of legal services by legal practitioners and work to ensure the maintenance and improvement of standards in the provision of such services in the State.
Due to continued growth, Cantillons Solicitors is looking for 2 Legal Secretaries to join its team. They would be interested in hearing from Legal Secretaries with experience in general litigation and who enjoys working as part of a team.
Get your legal job vacancies listed on Irish Legal News by contacting our advertising manager, Jeff Anderson, on 
Gardaí are investigating an alleged fist-fight between two lawyers in Dublin city centre yesterday.
Northern Ireland firm MKB Law has unveiled a new brand identity and website as part of its ongoing business development plans.
Justice Minister Naomi Long will next week meet with the family of an 18-year-old student killed by a drunk driver to discuss the initial findings of a major sentencing review.
A round-up of human rights stories from around the world.
Ben Aslet, 
As concern regarding COVID-19 (coronavirus) continues to evolve, Stewart Title is closely monitoring developments including the recommendations made by healthcare authorities and the UK government, in order to safeguard the health and well-being of our employees while ensuring our continued ability to serve our clients.
Technology in the 21st Century is providing us with the means to communicate our thoughts and ideas across the planet in a way that would have been unthinkable, even 10 years ago.
