The Gazette 1996

APRIL/MAY 1996

GAZETTE

Powers of Attorney Bill, 1995

Pre-trial Conference

Usually the judge fixes a date in advance for a pre-trial conference to be attended by counsel and solicitors concerned in the case. Skeleton Submissions General skeleton submissions in writing are considered likely to save time in all but the simplest of cases. A skeleton argument should cite the main authorities relied upon which may be attached. It is not, however, the function of a skeleton argument to argue the case on paper. A skeleton argument must be brief and should normally not exceed twenty pages of double sized A4 paper, but in many cases should be much shorter than this. The skeleton arguments must be divided into numbered paragraphs. Computer Retrieval In a substantial case, some judges wish to be supplied with witnesses' statements and experts reports on disk together with a disk of the daily transcript. The standard system in the Royal Court of Justice as of January 31, 1995 was Word Perfect 5.1 for DOS format. Conclusion Many of the issues raised in this note are being examined in this jurisdiction. We should never hesitate to adopt the best practices that have been tested elsewhere and discard practices that have outlived their usefulness. In the best tradition of court reporting, the writer concludes with the observation that the case continues. • Luxury Accommodation in Dublin Close to Dart Line & Bus Routes Bord Fáilte Approved £18 p.p.s. All Rooms Ensuite Three Coins (Bed& 'Breakfast

approximately 90 minutes. Hearing of the evidence of the delegation was followed by a question and answer session. Following on the above a number of Ministerial amendments were made by the committee, which further improved the legislation.

The Conveyancing Committees of the Law Society and the Dublin Solicitors Bar Association have taken a particular interest in this Bill which was introduced in the Seanad last year. Having been passed by the Seanad, at the time of writing (19 March 1996) the Report Stage is about to be taken in the Dail. A joint approach was made by the Parliamentary and Conveyancing Committees of the Law Society and the Conveyancing Committee of the Bar Association firstly to the Minister for Equality and Law Reform, Mr Mervvn Taylor TD, who met the joint delegation before the Bill was introduced in the Seanad. Subsequently the joint delegation met with civil servants dealing with the Bill for a most helpful dialogue, following written submissions by the Conveyancing Committees. A joint delegation then appeared before the Select Committee on Legislation and Security and tendered evidence of how it was felt the Bill could be further improved. This delegation was received by the Select Committee on 5 March in a very valuable session which lasted for

Among the matters which have not yet been accepted by the Minister are the privacy of proceedings under the Bill; the

amendment of the Bill to ensure that the attorney can make personal and health care decisions on behalf of the Donor: and an amendment to cater for the particular needs of separated people. It is hoped that the final version of the legislation will incorporate these points. In addition to introducing the concept of "Enduring Powers of Attorney" the Bill also purports to codify the law relating to Powers of Attorney in general. Conveyancers should be aware of the implications of these changes which will be the subject of memoranda for the profession from the Conveyancing Committees.

Brian Gallagher

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Suzanna Cawley, pictured with her fiance, Andrew Coonan and his brother, Robert, all of whom were admitted to the Roll of Solicitors at the parchment ceremony held on 1 March, 1996.

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