410 / 462
GAZETTE
DECEMBER 1992
T h e Litigation C omm i t t ee of t he
Law Society c on s i d e rs t h at as far as
is r e a s o n a b ly practicable, all
q u e s t i o ns s h o u ld be p ut by t he
d e f e n d a n t 's d o c t or or c o n s u l t a nt to
the p l a i n t i f f 's d o c t or or c o n s u l t a nt
w h o is better q u a l i f i ed t h an the
plaintiff to distinguish between
q u e s t i o ns c o n c e r n i ng the n a t u re a n d
extent of injuries f r om q u e s t i o ns
which t o u ch o n t he liability issue.
We wo u ld accordingly a p p r e c i a te it if
you wo u ld b r i ng to t he a t t e n t i on of
y o ur memb e rs this C omm i t t e e 's
c o n c e rn t h at q u e s t i o ns a n d
discussions between the d e f e n d a n t 's
d o c t or or c o n s u l t a nt a n d the
plaintiff s h o u ld be c o n f i n ed only to
establishing the n a t u re a n d extent of
the injuries a n d limiting discussion
generally to a m i n i m u m. We wo u ld
emp h a s i se t h at t he d o c t or or
c o n s u l t a nt representing t he plaintiff
is expected to provide full a n d f r a nk
details of the injuries to this
colleague. In a wo r d, it is b o th
a p p r o p r i a te a nd expedient t h at
q u e s t i o ns to be raised by t he
d e f e n d a n t 's d o c t or or c o n s u l t a nt
should be directed to the p l a i n t i f f 's
d o c t or or c o n s u l t a nt a n d t h at only
where it is essential t h at any
q u e s t i o ns at all s h o u ld be directed to
t he plaintiff himself.
We trust t h at you a n d y o ur memb e rs
will u n d e r s t a nd t he c o n c e rn of
solicitors for their plaintiff client's
interests in c o n n e c t i on with such
e x ami n a t i o n s, especially where s ome
clients are u n s o p h i s t i c a t ed a n d ill-
e q u i p p ed to deal with q u e s t i o ns in
c i r c ums t a n c es where a d d i t i o n a l ly
they may feel vulnerable a n d
d i s a d v a n t a g e d ."
Litigation
Committee
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VAT Transitional Changes
Update/Reminder
T h e Taxation C omm i t t ee wo u ld like
to correct an error in their article
which was published as an insert in
the No v emb er
Gazette
in relation to
the d a te u p o n which bills s h o u ld
issue to avail of the three VAT
periods. P r a c t i t i on e rs s h o u ld n o te
t h at in relation to any bill which
s h o u ld issue in J a n u a ry it may be
a p p r o p r i a te to allow s ame to issue in
De c emb er t h us availing of t he three
VAT p a yme nt dates.
T h e Taxation Commi t t ee would also
like to draw attention to paragraph 21
of the Statement of Practice (SP-VAT
16/92) entitled "Mo n e ys Received
Basis of Accounting", issued by the
Revenue Commissioners wherein it is
stated that application to local
inspector of taxes is necessary to
obtain the concessions by the Revenue
Commissioners a nd therefore
practitioners availing of this facility
will have to justify this approach to
the inspector.
•
A very useful appendix
provides the text of all the
relevant Acts.
ISBN 0-947686-86-X £49.50
THE ROUND HALL PRESS
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TEL: (01) 2892922; FAX .(01) 2893072
• employee-self-employed distinction
• ascertainment of employment terms and conditions
• rules regarding calculation and payment ofwages
• protection of confidential information
• health and safety at work
• freedom ofmovement for workers within the E.C.
• sex discrimination and equal pay
• paidmaternity leave
• wrongful dismissal
• unfair dismissal
• the transfer of employers' businesses
• employers' insolvency
• occupational pension schemes
• transnational employment and Schedule E income
taxation
• special rules governing employment in the public
sector
386
E M P L O Y M E NT L AW
M I C H A E L F O R DE
This book gives a comprehensive account of the legal regime governing the relations between
employers and employees.
All the main issues in employment law are examined. Among the topics dealt with are: