The Gazette 1996

GAZETTE

APRIL/MAY 1996

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.

•

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

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.

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

•

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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