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GAZETTE
DECEMBER 1 9 88
Pract i ce
Notes
"LLOYD'S UNDERWRITERS
There is no need to apply for leave
to serve outside the jurisdiction in
cases involving Lloyd's Under-
writers. Raymond R McGovern,
Lloyd's Underwriters Sole General
Representative in Ireland of W. G.
Bradley & Sons, 52 Fitzwilliam
Square, Dublin 2, is obliged to
accept service of proceedings in
this jurisdiction on behalf of Lloyd's
Underwriters at his address.
Also, Mr. McGovern may be
n amed as De f e n d a nt in t he
proceedings as follows: 'Raymond
P. McGovern for and on behalf of
certain underwriters at Lloyd's
subscribing to Policy No. . . .
•
MEDICAL NEGLIGENCE
CASES - PANELS OF
EXPERT WITNESSES
In 1986, w i t h the co-operation of
the Irish Medical Organisation,
Panels of Medical Consultants who
were willing to assist Plaintiffs in
medical negligence cases were
established. The Litigation Com-
mittee is anxious to ascertain what
the experience of the use of these
panels has been.
Members who have made use of
the panel system are asked to write
to Anna Hegarty, Secretary to the
Litigation Committee, the Law Society,
Blackhall Place, setting out their
experiences of the system.
•
NEGATIVE SEARCHES AND
BUILDERS
The Conveyancing Committee was
asked to review the practice of
Bu i l d e r 's So l i c i t o rs p r o v i d i ng
negative searches.
The Commi t t ee made enquiries
of the Registry of Deeds and
understands that the Registry still
operates the s y s t em whe r eby
negative searches may be lodged,
written-up, taken out and then re-
lodged for updating. The Com-
mittee is of the view that the
obligation lies on the Solicitor
acting for the Builder to provide
each Purchaser's Solicitor w i th an
up-to-date negative search.
The Builder's Solicitor should
l odge t he s ea r ch be f o re t he
commencement of the develop-
ment and provide each purchaser
w i t h a copy of the search. On the
completion of the development the
search should be lodged by the
Builder's Solicitor for up-dating and
a certified copy w i t h all acts
explained/discharged sent to each
Purchaser's Solicitor. Solicitors
acting for purchasers of new houses,
should obtain an undertaking to the
above effect from the Builder's
Solicitor on closing.
•
DATA PROTECTION ACT 1988
This Act is concerned w i th personal
information kept on computers. It
gives individuals a right of access
t o c omp u t e r i s ed
i n f o r ma t i on
relating to t hem and a right to have
it rectified or, where appropriate,
erased. It also creates obligations
for those who keep and process
such information, including an obli-
gation on some of t hem to register.
Amo ng those who are required
to register are persons and bodies
who keep personal data relating to
racial origin, political opinions,
religious or other beliefs, physical or
mental health (other than health
data kept and used only for
personnel purposes), sexual life or
criminal convictions. Accordingly,
any solicitors
w ho keep such
sensitive data (e.g. health, criminal
convictions) on computer will need
to register.
The registration requirements,
wh e r e t hey apply, e x t end to
personal data whe t her kept on
mainframes, minicomputers, micro-
computers (personal computers) or
word processors.
The regulations necessary for
bringing the registration provisions
of the Act into operation will be
made w i t h in the next f ew weeks
and registration will commence
early in January 1989.
It will be an offence for any
person or body who is required to
register not to do so on or before
the closing date for registration,
wh i ch is expected to be not later
than mid-April 1989.
If any of the members of the Law
Society need further information or
assistance please contact
DONAL C. LINEHAN,
Data Protection Commissioner,
72 - 76 St. Stephen's Green,
Dublin 2.
Tel. 787911 Ext. 367.
EXCHANGE CONTROL
A change in the exchange controls
on transactions in foreign securities
will come into effect on 1 J a n u a ry
1989.
From that date Irish residents will
be permitted to purchase, using
Irish pounds,
(a) shares; and
(b) medium- and long-term
securities
issued by residents of the European
Communities or of other countries.
The purchase of s ho r t - t e rm
foreign securities, i.e., negotiable
securities w i t h a maturity of less
than t wo years at date of issue, will
continue to be restricted.
All transactions by Irish residents
in foreign securities, including
settlements, must continue to be
routed t h r ough Irish App r oved
Agents.
N.B. EXCHANGE CONTROLS IN
OTHER AREAS ARE UNCHANGED
A ND SHOULD BE STRICTLY
ADHERED TO.
A further communication setting
out full details of this relaxation of
the exchange controls will be sent
to Authorised Dealers and other
i n t e r e s t ed pa r t i es be f o re t he
implementation date of 1 January,
1989.
•
Solicitors - how public are
your private conversations?
The problem of private consultations
being overheard by those in waiting areas
is quite a common one, particularly when
the areas is close to the consulting room
Now there is an inexpensive electronic
solution to this problem that is easy to
install and requires no structural
alteration!
W i th
S o u n dma s k i n g,
conversations are kept private and
confidential
a benefit for both lawyers
and their clients. - For further particulars
contact:
S o u n dma s k i ng Ltd.
25 Harcourt StrMt, Dublin 2. Tal: 780499/780037
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