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GAZETTE

N W

JANUARY/FEBRUARY 1995

Action on Delay in

Court Cases Agreed

At its meeting on 15 December 1994,

the Council considered the following

motion: "that this Council notes with

concern the increasing delay in our

courts and resolves to take all possible

steps to encourage such changes as

are necessary to enable persons

having business before the courts to

be dealt with as expeditiously as

possible"

Concern was expressed at the current

delays in the Circuit and High Courts.

The previous joint' submission with

the Bar Council to the Minister for

j

Justice on the courts service was

referred to and the President and the

Council agreed to reactivate the issue

as a matter of priority.

The recent published Programme for

Government was referred to. This

gave a commitment to the

establishment of a commission on the

management of the courts as an

independent and permanent body,

with financial autonomy. It was also

stated that "the Government will

review the provisions of the Courts

and Court Officers Bill, 1994, to

ensure that measures will adequately

address the need to tackle the backlog

of cases to be heard in all courts." It

was also noted that a Committee has

been established to examine the

existing organisation of the Circuits

and to make recommendations for

revisions. Disappointment was

expressed that the Law Society had

not been consulted, particularly since

it represents 80% of the legal

profession. It was agreed that

immediate action was needed. The

motion was passed.

President Appointed as Acting

Director General

As and from 1 January, 1995,

Mr.

Patrick Glynn

was appointed acting

Director General, pursuant to

Regulation 19 until such time as a

Permanent Director General took

up office.

Compensation Fund

The Council approved a schedule of

payments from the Fund (see page 6).

Draft Statutory Instruments

The Council approved three draft

Statutory Instruments, providing for

(a) a new form of application for a

practising certificate for the year

1995/96 (b) a new form of practising

certificate for 1995/96 and (c) the fees

payable by solicitors for the practice

year 1995/96. All three Statutory

Instruments reflected changes

contained in the Solicitors

(Amendment) Act, 1994 and applied

only to the practice year 1995/96.

Finance

On the recommendation of the

Finance Committee, the Council

approved an increase of £10 in the

registration fee element of the

practising certificate fee for 1995/96

from £525 to £535 for solicitors who

were admitted for three years or more.

This represented an increase of 2.3%

in the registration fee operating for the

practice year 1994/95. The Council

also approved an increase of £7 in the

registration fee for solicitors admitted

less than three years from £366 to

£373. The decision was taken as part

of the Council's continuing response

to the views expressed by the

members at successive General

Meetings that the Society should

address its financial situation.

Litigation

The Litigation sub-committee on

'capping' reported on the various

steps it was proposing to take on this

issue.

Remuneration/Costs

The Council approved a draft

agreement on solicitors charges,

intended to meet the requirements of

section 68 of the Solicitors

(Amendment) Act, 1994, which would

be circulated to the profession in

advance of 4 February, 1995 (the

operative date of Section 68).

Establishment of Review Group to

Examine Structure of the Law Society

The establishment of the review group

was discussed and it was decided that

the President would bring forward

proposals for discussion at the January

Council meeting.

Departure of Director General

The meeting concluded with a tribute

to

Mr. Noel C. Ryan,

Director

General. The Council thanked him for

his hard work and commitment over

the previous four years and wished

him well in his future employment.

Company and

Commercial Law

Committee

The submissions made by the

Company and Commercial Law

Committee to the Company Law

Review Group established by the

Minister for Enterprise and

Employment are available from the

Society. The Booklet contains

submissions dealing with e.g.

Companies (Amendment) Act 1990;

investigations; insider dealing; and

restrictions on Directors within the

Companies Act 1990 together with

the position of farmer creditors and

matters arising out of the

recommendations of the Small

Business Task Force.

The Booklet may be obtained from:

Eileen Brazil,

The Law Society,

Blackhall Place, Dublin 7.

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