The Gazette 1995

250 / 424

GAZETTE
9. Status of Proceedings
Date of:-
Issue
Service
Live
Dead
Settled
Judgment/Order given
Judgment/Order appealed
Judgment/Order registered
Judgment/Order transmitted
10. From the Commission, if
appropriate
1. Date of investigation
2. Date of recall
3. Date of upgrade of I.T.
The database would integrate legal
procedures throughout the EU domestic
courts and would facilitate the
administrative efficiency of legal
processes. The proposed scheme has
been endorsed by the Bar Council of
Ireland, the Law Society of Ireland, the
Stock Exchange, the Insurance Institute
of Ireland, the Insurance Federation of
Ireland, Telecom Eireann and the
Industrial Development Authority
(IDA). The IDA has recommended a
pan-European feasibility study be
carried out.
Ms. Egan argues that such a scheme is
necessary because the European Union,
with adhesion of the European Free
Trade Association States comprise in
excess of 3 70 million people - over a
fifth of world trade. Notwithstanding the
1986 Brussels Convention as amended
and extended, no simple, speedy and
cost-effective centralised infrastructure
linking together the partner states exists
to implement the Brussels Convention.
Thus, argues Ms. Egan, the full benefits
of the single European market are not
being realised. Mr. Egan argues that a
Centralised Cause Book and Registry
Database is required:
• to protect and access quickly an
individual's claim in a product
liability action;
• to enforce a foreign judgment without
delay;
• to stimulate capital investment and its
protection throughout the EU;
• to enable the EC Commission to
226
monitor the compliance of companies
and their products with international
standards and to act on breaches.
Element of Concern
Officials in the European Commission
have expressed concern in the context of
data protection that a registry of cases
actually in progress could be open to
abuse by vexatious litigants or those
seeking to effect the credit worthiness of
a company or private individuals by the
institution of actions without foundation
or containing inaccurate data.
The Commission official argued that this
would be particularly difficult in the
lower courts where actions are often
instituted by litigants themselves with a
less strict appreciation of relevancy and
competency. The Commission noted in a
1993 comment that just as an accused is
presumed innocent until proven guilty
and is entitled to the full protection of
the law, likewise a defendant should be
presumed creditworthy or solvent until a
judgment indicates otherwise. The
information on a registry to the effect
that actions are being pursued against a
person or company could destroy its
credit status or ruin its chances of a
contract or even employment in the case
of an individual. The Commission
considered that world-wide agencies
already exist which collect information
at all levels from courts about judgments
already given in any case after the
period for appealing against the
judgment has expired.
Conclusion
Frances Bacon wrote: "Knowledge itself
is power." In the field of law, knowledge
is of paramount importance. We hear
and read of tele or virtual presence,
cyberspace, the global village and
although technology has transferred
these concepts into reality, the
"machinery" of the law is lagging
behind. Ms. Egan's proposal is both
imaginative and simple. With or without
backing from the Commission of the
European Communities, Ms. Egan's
proposal deserves to be implemented.
If you have Internet access to the
Worldwide Web, the full scheme and
background material can be viewed at
the following uniform resource locator:
academic/law. •
Legal Aid Panel - Dublin
Metropolitan District
The Legal Aid Panel for the Dublin
Metropolitan District has become very
I unwieldy as many of the practitioners
I whose names appear on it do not, in
fact, practise criminal law in the
Dublin District Courts on a regular
b a y s. As the panel is so large and so
out of date, District Judges cannot use
it when assigning legal aid cases.
As a matter of professional courtesy
and good practice, you are therefore
asked to check to see whether or not
your name is on the panel and if it is
not your intention to practise criminal
law in the Dublin District Courts in
the near future, you are asked to write
to the County Registrar, Michael
' Quinlan, at Green Street Courthouse,
Dublin 7, to ask him to remove your
name from the panel.
Of course, if you remove your name
from the panel now, there is nothing
to stop you putting your name back at
a later stage if you decide that you
wish to do so.
Criminal Law Committee
Tax Br ief ing
Í Tax Briefing is a quarterly publication
produced by the Office of the
Inspector of Taxes in which they
feature a wide range of topics of
interest to practitioners who would
deal with tax related issues in their
practices. In the past this publication
has produced very helpful guidelines
on matters which would be of interest
to those dealing with conveyancing,
landlord and tenant law, estate
planning and administration, company
law and the myriad of other taxes and
issues which impact daily on a
solicitor's practice. This publication is
free and can be obtained by writing to
Maureen Moore, Editor - Tax
Briefing, Office of the Chief Inspector
of Taxes, Setanta Centre (Fourth
Floor), Nassau Street, Dublin 2.
, Taxation Committee