The Gazette 1995

GAZETTE

EDI W

MAR

1995

'Capping' - New Developments

*Capping' - New Developments

The new Government made their first

public statement on the previously

proposed 'capping' of damages in the

Irish Times

on 15 March 1995. The

article stated that "consultants will be

appointed to study the economic

implications of insurance costs in the

State and to establish the key factors

behind those costs, the Minister of State

for Commerce and Technology

Mr. Pat

Rabitte

will announce in the Dail

today." It was reported that the move to

appoint consultants follows strong

pressure on Mr. Rabitte to cap court

awards for pain and suffering for

claimants in injury cases. The article

stated that Mr. Rabitte feels that the

problem of insurance costs is "much

wider" than the level of awards for pain

and suffering. "There is no definitive

study to show how tackling pain and

suffering awards would reduce the cost

of insurance," he said. Another article

on the insurance sector which was

published in the Business Supplement

of the

Irish Times

on 17 March 1995

dealt with the issue of 'capping'. It was

reported in the article that the Irish

Insurance Federation says it is neutral

on the issue of capping awards. "That is

a question for politicians and the

public," says

Mr. Mike Kemp,

Manager

of the non-life insurance section.

"There is no definitive study to

show how tackling pain and

suffering awards would reduce

the cost of insurance" - Pat

Rabitte, T.D.

There was an article published in the

March issue of

Management

Magazine

headed 'The price of suffering'. The

article stated "some of the most

vociferous opposition to the proposals

have come from the Law Society. It

views the idea of capping awards as a

cop out from the more difficult but

fundamental task of reducing accidents

of all kinds". The article continued

"the solicitors would argue that each

compensation case has to be looked at

individually - in extreme

circumstances, capping could mean

clearly inadequate awards for the

damage done".

Ernest Cantillon,

Chairman of the Litigation Committee

was also quoted in the article.

Solicitors battle AG office 'Block'

An article was published in the

Irish

Independent

on 21 February 1995

under the above heading. It was

reported in this article that "a

solicitors' group last night pledged to

fight efforts to block a proposal to

allow their recruitment to the Attorney

General's office." It was reported that

the President of the Dublin Solicitors

Bar Association,

Michael Murphy

said

last night: "our experience and training

makes us just as qualified as

barristers". It was reported:

"traditionally, staff at the AG's office

have been barristers but a Government

report proposes solicitors should be

recruited." It was reported in the

article: "Mr. Murphy also pointed out

that there was nothing in Statute or the

Constitution which prevented

solicitors from being appointed

Attorney General."

In the

Cork Examiner

on 22 February

1995 an article written by

Mark

Hennessy

stated that "the office

system of the Attorney General's

office has been dubbed as

"cumbersome and under-developed"

by a high level report recommending

major changes, approved by the

cabinet yesterday." It was reported that

the three-strong review body was set

up by the then Taoiseach Albert

Reynolds on 15 November, in the

wake of the furore about the 7 months'

delay in dealing with Father Brendan

Smith's extradition application.

The headline of the article read

'Report backs changes in the office of

the AG'.

Compensation claims

An article was published in the

Evening Press

on 9 March 1995

written by

Mark Tierney.

This article

;

was on the topic of claiming

compensation. The article stated that

"Irish people are the biggest injury

complainants in Europe, cadging

millions from courts and insurance

companies each year". The article

contained comments from

Noel

Carroll

of Dublin Corporation. Noel

Carroll stated in the article that he

estimates that 10% of claims lodged

with the Corporation are entirely

fraudulent and he added: "I would say

that the vast majority of claims are

exaggerated." It was also stated in the

article that the Law Society views the

"no foal no fee" method of legal

practice as a form of social justice in

the absence of civil legal aid according

to spokeswoman

Catherine Dolan.

"The judicial process is there to

expose fraudulent claims. If a claim

appears to be fraudulent we would

advise solicitors to withdraw from it,"

Ms. Dolan pointed out.

The Courts and Court Officers Bill

In the

Irish Press

on 13 March 1995

an article was published by

Mairead

Carey.

The headline read 'Owen hints

at changes in new Bill on judges'. It

was reported that Justice Minister

Nora Owen

has hinted that there will

be changes in the new legislation

proposed for judicial appointments. It

was stated that Mrs. Owen is currently

considering the Court and Court

Officers Bill which proposes to hand

over the appointment of judges to an

independent body. Mrs. Owen said

yesterday that any appointments of

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