86 / 424
GAZETTE
M
EDIWH
MARCH1995
Coulter stated that "As the
Government prepares for a divorce
referendum later this year a body of
legal practice on marriage breakdown
has already grown up. But because of
the 'in camera' rule concerning family
law cases, few members of the public
know what it is". Another piece was
written by Kieran Conway and it
reported on the worsening delays
faced by lawyers and their clients in
the family law area. An interview was
also featured with a female litigant
under the heading "I sat before every
judge of the High Court." Carol
Coulter stated "the breakdown of a
marriage can lead to years of litigation
concerning everything from the fate
of the family home to education of
children."
Appointment of new Director
General
A press release was issued on the
appointment of Ken Murphy as the
new Director General on Thursday
26 January. The appointment was
covered in the
Irish Times,
the
Irish
Independent
and the
Irish Press
on
27 January.
A profile of Ken Murphy and
comments from him were published in
the
Sunday Business Post
on
29 January.
An interview with Fergus Black was
published in the
Irish Independent
on
20 February. The headline read:
'Move on Courts Posts'. It was
reported: "solicitors are to press for an
end to the 'barristers only' practice
which prevents them from being
appointed as judges of higher courts".
"It is a form of discrimination in that
80% of the legal profession have been
prohibited from holding these judicial
posts, posts which we feel eminently
qualified to hold", the Society's new
Director General, Ken Murphy, told
the
Irish
Independent.
Court Delays
An interview given by Paddy Glynn
on 30 January 1995 was reported in an
article in the
Irish Independent
on
31 January 1995. The headline read
'More judges call as case delays run
to 7 years'. The article commented
"The head of the Law Society
yesterday called for the number of
Circuit Court and High Court judges
to be doubled, saying the courts
backlog was now so bad that it could
take up to seven years to have some
cases determined." Paddy Glynn
referred to the fact that it takes up to
three years for a case to be heard in
the High Court in Dublin, Cork and
Limerick and if there is an appeal to
the Supreme Court the delay could be
as long as seven years. The article
stated "The Law Society has discussed
the huge backlog with Justice Minister
Nora Owen in a recent meeting, "I
have no doubt that the commitment is
there but will the courts get the
priority as regards funding?" asked
Mr. Glynn. "
The
Cork Evening Echo
printed an
article on 31 January with the headline
'Court scandal as thousands wait'.
The article contained the comments
made by Paddy Glynn in the
Irish
Independent
article of the same day.
The article reported that "over 7,000
people are now on a waiting list to
have their cases heard in the Cork
Circuit Court."
'Capping'
An article by Frank O'Mahony,
solicitor was published in the
Cork
Examiner
on 27 January on the issue
of 'capping' damages. The heading
read 'Capping Damage Adds Insult to
Injury'. This is a good article
outlining the various arguments
against 'capping'. The sub-heading
reads "no longer is the test to be what
is fair and reasonable but what the
insurance industry can afford."
Employment Appeals Tribunal
In the
Evening Herald
on 30 January,
it was reported that Labour Affairs
Minister, Eithne Fitzgerald plans to
make the EAT less legalistic. She
made her announcement as she named
the Chairman and members of the
Tribunal in Dublin. The same report
was carried in the
Cork Examiner
under the heading 'Minister frowns on
formal gowns'. In the
Irish Times
of
2 February, Michael D. Murphy,
President, DSBA responded to the
criticism. It was reported "the
solicitors are angry at a statement by
the Minister of State for Labour
Affairs, Ms. Eithne Fitzgerald
that she hoped there would be less
wigs and gowns in the new EAT". The
DSBA called for legal aid to be
available to people taking cases to
the EAT.
A.G.'s Office set for major overhaul
An article bearing the headline above
was printed in the
Cork Examiner
on
3 February. It was reported that "a
major shake-up" of the AG's Office is
to be ordered by the Cabinet following
the findings of a confidential high-
level report which has been presented
to the Taoiseach, Mr. John Bruton.
Existence of Whiplash disputed by
doctor
Dr. Paul Carson wrote an article for
the
Irish Medical News
on 30 January
1995 on Whiplash. The article was
headed 'Whiplash backlash'. With a
sub-heading: "Whiplash injuries are
resistant to all treatments except
money." He stated that the condition
was text-book in progress (not
medical, but legal textbook).
He stated that "the condition is
not a medical problem but a legal
one". This doctor was also
interviewed on Gay Byrne
Radio I
on
1 February. His arguments were very
well rebutted by solicitor, Brian
Spellman. A G.P. on the
Gay Byrne
Radio Show
a few days later strongly
argued that whiplash certainly
does exist.
On 24 February, the
Late Late Show
featured a topic on solicitors and
advertising and the "compensation
culture". Gay Byrne interviewed
John Schutte, Solicitor. The Law
Society were asked to provide
another solicitor to partake in the
panel discussion. The panel was
made up of Dr. Paul Carson, Frank
Feely, Dublin City Manager and
Geraldine Clarke, Council Member,
The Law Society. There were also a
number of solicitors in the audience.
The discussion centred on the
level of claims. The solicitors
handled the arguments put forward
very well and the discussion was
quite balanced.
62