The Gazette 1994

GAZETTE

JANUARY/FEBRUARY 1994

N E W S Taskforce Establ ished t o Resist Capp i ng Proposal

The Council suggested that an arrangement should be made with one or more financial institutions so that it would be possible for solicitors to pay their fees in instalments. The Council also suggested that a letter explaining the necessity for the increases in fee should issue to each member of the profession. (The President of the Society, Michael V. O'Mahony, subsequently wrote to each member of the profession on 28 December 1993, setting out the reasons for the increases and highlighting the activities of the Society on behalf of , its members.) Probate Tax In the light of indications from the Minister for Finance, Bertie Ahern, TD, that he would not be repealing the probate tax, the Council suggested that the Society should, in conjunction with the IFA, convene a meeting of the Alliance Against Probate Tax to highlight its opposition to the tax in advance of the budget. Review of Requisitions on Title The Chairman of the Conveyancing Committee reported to the Council that the Committee was commencing ! a revision of the Requisitions on Title and General Conditions of Sale. The committee would welcome the views of members of the Council and members of the profession. Compensation Fund The Council approved a schedule of payments from the Fund (see page 13).

on the basis that it was unfair, unworkable in practice and unconstitutional.

At its meeting on 2 December 1993, the Council of the Law Society authorised the President to establish a taskforce to oversee the Society's campaign to resist the proposal by the Minister of State for Commerce and Technology, Seamus Brennan , TD, to place a cap on the amount that could be awarded for pain and suffering in personal injuries cases. The taskforce will comprise the President of the Society, Michael V. O'Mahony; Noel Ryan, Director General; Frank Daly, Chairman, Public Relations Committee; Tony Ensor, Chairman, Litigation Committee; Council members Bruce St. John Blake, Barry St. J Galvin and Gerry Doherty, and Eugene O'Sullivan, a member of the Litigation Committee. ! The Council noted that the debate on the issue had moved away from the question of whether Irish compensation levels were or were not higher than European norms. The main focus of the Minister of State's case was that the cost of insurance was affecting competitiveness and was a threat to jobs and that Ireland could not afford to pay large claims regardless of the systems operating throughout Europe. Michael V. O'Mahony, President, reported to the Council on a recent meeting that had taken place with Minister Brennan and a number of his representatives had, he felt, brought home to the Minister and his advisers the complexities of the issues being addressed and the realities involved in the conduct of personal injury actions in the courts. He said the Minster had listened attentively to all the points made by the Society and, in his view, had been appraised of certain matters for the first time at the meeting. The ! President said that the Society should continue to argue against the proposal officials. There had been a frank exchange of views. The Society

The Council noted that over twelve years ago the Society had identified a number of steps that needed to be taken in order to police safety measures in the workplace and on the roads. Twelve years on, it was clear that these safety measures were not being enforced. It was suggested that the Society should continue to highlight the effects of the level of uninsured driving, the condition of motor vehicles and the standards of roads and driving in the country as contributory factors to the number of claims that occurred. It was also felt that some members of Cabinet might not be supportive of the Minister's proposal unless it could be shown that it would clearly benefit the consumer. Therefore, it would be important for the Society to continue to lobby at a political level against the proposal on the basis that it involved a shifting of the burden from those people who were at fault to victims who were not at fault. The Council was informed that a leaflet was being prepared outlining the profession's arguments against the proposal. Copies of the leaflet would be dispatched to members of the profession for the distribution to their clients. Finance The Council adopted a proposal from the Finance Committee to increase the Practising Certificate fee for the practice year 1994/95 to £525.00, and to increase the Compensation Fund contribution to £600. The membership fee of the Society was set at £50.00 and the contribution to the Solicitors Benevolent Fund at £25.00. The total contribution from each solicitor will, therefore, be £1200.

The Chairman of the Compensation Fund Policy Review Committee reported that its work was near completion and that the committee hoped to circulate its report to the Council in the near future.

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