The Gazette 1996

GAZETTE

JUNE 1996

N E WS

Report on Law Society Annual Conference Jurys Hotel Cork, 9-12 May, 1996

The Annual Conference was held in Cork this year and was superbly organised from start to finish by Mary Kinsella and Mary Keane of the Society. Apart from line dancing, "Riverdancing", formal dancing and other extra curricular activities, three excellent seminars were held. The first seminar on family law was addressed by Rosemary Horgan, solicitor from the Law Centre, North Mall, Cork. Rosemary g a ve a very clear synopsis of s ome important provisions of the Family Law Act 1995. In relation to Court jurisdiction, she said that the Act n ow provided for nullity matters to be heard in the Circuit Family Court. She reminded c o n v e y a n c e rs that Section 5 4 e f f e c t i v e ly places a statutory limitation of six years on applications to declare void a c o n v e y a n ce which d o es not have spousal consent endorsed on it, unless the non-consenting spouse is living in the property. She emphasised in particular, the new provisions wh i ch enable Courts to make financial compensation orders e.g. the assignment of a life policy, or Pension adjustment orders. Dr. Yvonne Scannell from Arthur Cox spoke at the Environmental Law seminar. She discussed the liabilities wh i ch can arise under statute or c ommon law for unlawful pollution or waste disposal. She reminded us that most of the environmental statutes n ow contain a standard provision imp o s i ng criminal liability on directors and other officers of a c omp a ny for environmental o f f e n c es committed by the c omp a n y. She advised c o n v e y a n c e rs to ensure that all environmental licences were in order wh en purchasing an industrial or factory premises. She recounted o ne case where a c omp a ny purchased a property and subsequently incurred a liability of £1 million in c omp l y i ng with the effluent licence requirements of the local authority.

Kieran McCourt from Bord Trachtala g a ve the final address on Eastern European Opportunities for Irish Businesses. In summary, he advised that Poland, Hungary and the Cz e ch Republic were the strongest countries e c o n omi c a l ly for business transactions. Th e se countries were also the most advanced in adapting, applying and enforcing legal rules on investment. In s ome countries from the old Soviet bloc, laws might not be published until six months after enactment. In Russia, it is c ommon for legal opinions issued in the context of investment transactions to contain qualifications excluding all laws that have not been made public. In Albania, the legal profession was e v en abolished between 1965 and 1990. Fortunately, no politicians were present to pick up this

idea! European union grants may be available for certain projects through the Phare and Tascis programmes for Eastern Europe. The contact persons regarding these grants are Pat Mangan of the Department of Tourism and Trade or Charles Kelly of An Bord Trachtala. The conference was also attended by a number of our c o l l e a gu es from neighbouring jurisdictions, including the Presidents of the Law Society of England and Wales, the Law Society of Scotland and the Law Society of Northern Ireland. It was a most entertaining, enjoyable and sociable f ew days for members and their spouses.

John Costello

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At a recent Parchment Ceremony Kirsten Brennan was presented with her parchment not by the President, but by the Law Society Director General, Ken Murphy. Kristen Brennan had been apprenticed to Ken Murphy before he left A & L Coodbody to become Director General.

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