The Gazette 1995

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." 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. Appointment of new Director General

"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. " '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." The Cork Evening Echo printed an article on 31 January with the headline 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." 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 'Capping' Employment Appeals Tribunal

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. 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. A.G.'s Office set for major overhaul

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

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