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GAZETTE

JULY/AUGUST 1992

readers who have used several WP

systems is how EDI deals with cases

where the document file which was

sent was created on, say, Word

Perfect, but the receiving system uses

Wang. In that case, the Word Perfect

document file will not be understood

by the Wang system, and cannot be

printed out or amended. There are

two possible solutions. The first is

for the sender to convert the

document file, before sending it, into

a format called

ASCII

which is

'understood' by virtually all word

processing systems as a sort of

lingua franca. This has limitations

however, because ASCII does not

cover

attributes

such as underlined

or italicised or bold text, which can

help reading a document. The

second solution is to use

conversion

software.

This permits the computer

to change a document file from one

word processing format - such as

Word Perfect or Display Write - to

another such as Wang or DecWrite.

The conversion software will preserve

the attributes and type faces of the

original document file, and if the

receiving system's printer is similar

to the sending computer's, the

solicitor on the receiving end can

have a print of the document

identical to that of his or her

colleague who sent it. Amendments

such as insertions or deletions can

be highlighted so that when the

amended document file is returned a

precise record of the changes is

apparent on the face of the working

draft as soon as it is printed out.

So what does it cost? For

convenience, we will assume that a

separate PC will be used for EDI

work, although many offices will be

able to use existing PCs or spare

ports on multi-user systems such as

Wang VS or the many UNIX

systems. A suitable PC can be

bought for between £1,200 and

£3,000, depending on quality and

sophistication. Communications

software has become increasingly

standardised, particularly in the PC

market, and packages that have all

the standard features can be bought

for between £50 and £200. The

selection is not as wide for systems

such as Wang or UNIX, and users

of some systems may have to ask

their dealer for a quotation.

Modems for use over telephone lines

have dropped dramatically in price

since the mid-1980s, and quite

sophisticated machines which can

transmit at a rate equivalent to over

1,000 characters per second can be

had for less than £350. Conversion

software for IBM-compatible PCs,

which can convert to and from most

of the commonly used word

processing formats, costs between

approximately £300 to £500.

EDI is not perfect. As was the case

when faxes were first introduced, it

can be difficult to justify the expense

of adding to one's office systems

when the existing arrangements work

reasonably well. Further, it will not

prove its worth until a substantial

part of the profession or one's

clients or contacts use EDI also.

Moreover, there is the question of

security. Great care must be taken

when giving dial-up access to one's

computer system to ensure that

malicious or simply curious 'hackers'

are not allowed access to

confidential information, and to

prevent innocent or deliberate

spreading of computer viruses. But it

is worth noting that an EDI system

known at LIX has gained over 100

users in the UK, including barristers

chambers, major London solicitors,

and the Official Referee's Court

which deals with large construction

cases. LIX enables its users to

exchange documents such as drafts,

pleadings, diagrams and so forth

without the need to send hard copy

by post. The fact that the UK courts

" . . . it is wo r th no t i ng that an

E D I system. . . has gained over

100 users in the U K . .

are prepared to accept documents by

EDI must surely be indicative of a

trend, and your Technology

Committee will report to you on

developments as they arise. In

particular, it is hoped to invite LIX

to demonstrate their product to Irish

solicitors, and this should prove a

most interesting illustration of the

uses to which EDI might be put.

The Ob l i g a t i on to Gi ve

Reasons for Administrative

Decisions

(Cont'd from page 231)

term phenomenon. Indeed, in the

long term, reason-giving may have

the contrary effect; those who

previously had no way of discovering

why an unfavourable administrative

decision had been made, other than

by dourt challenge, may now see

quite quickly that the decision is

solid and legally unassailable. In any

case, it is submitted that, as the

source of all judicial and executive

power in the State, "the People"

who are also the users of

administration, are entitled to know

why civil servants, statutory tribunals

and Ministers decide as they do

about them.

References

42. see the statutory provisions recited above.

43.

supra fn.

28.

44. [1992] ILRM 237, 256.

45. ibid at 266 per Finlay C.J.

46. [1991] ILRM 750 at p. 757.

47. [1964] 2 QB 467 at p. 478.

48. [1983] QB 790 at 794.

49. [1991] 1 WLR 153 at p. 167.

50. [1989] IR 149 at p. 159.

51. [1989] ILRM 416 at p. 428.

52.

op.cit. supra,

fn. 19.

53. [1974] I.C.R. 120. This view is

characterised by Richardson,

op.cit.

at fn.

26 as the "error approach".

54.

supra

at fn. 48, once again at p. 794; see

also

Mountview Court Properties Ltd.

-v-

Devlin

(1970) 21 P. & C.R. 689 and

Crake

-v-

Supplementary Benefits Commission

[1982] 1 All ER 498. This is characterised

by Richardson as the "no error

approach".

55. [1991] 2 IR 93 at 103 per McCarthy J and

104 per O'Flaherty J.

56. [1990] 2 IR 66.

57. See

O'Keefe

per Finlay C.J. at pps. 17 -

19 of his judgement.

58. see e.g.

S.E.C.

-v-

Chenery Corporation

(1943) 318 U.S. 80.

59.

International Fishing Vessels Ltd

-v-

Minister for the Marine

(No. 2) [1991] 2

IR 93 at 103 per McCarthy J.

English Agents:

Agency work

undertaken for Irish solicitors in

both litigation and non-

contentious matters - including

legal aid. Fearon & Co.,

Solicitors, 12 The Broadway,

Woking, Surrey GU21 5AU.

Tel: 03-0483-726272.

Fax: 03-0483-725807.

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