The Gazette 1992

GAZETTE

JULY/AUGUST 1992

readers who have used several WP systems is how EDI deals with cases where the document file which was sent was created on, say, Word Perfect, but the receiving system uses Wang. In that case, the Word Perfect document file will not be understood by the Wang system, and cannot be printed out or amended. There are two possible solutions. The first is for the sender to convert the document file, before sending it, into a format called ASCII which is 'understood' by virtually all word processing systems as a sort of lingua franca. This has limitations however, because ASCII does not cover attributes such as underlined or italicised or bold text, which can help reading a document. The second solution is to use conversion software. This permits the computer to change a document file from one word processing format - such as Word Perfect or Display Write - to another such as Wang or DecWrite. The conversion software will preserve the attributes and type faces of the original document file, and if the receiving system's printer is similar to the sending computer's, the solicitor on the receiving end can colleague who sent it. Amendments such as insertions or deletions can be highlighted so that when the amended document file is returned a precise record of the changes is apparent on the face of the working draft as soon as it is printed out. So what does it cost? For convenience, we will assume that a separate PC will be used for EDI work, although many offices will be able to use existing PCs or spare ports on multi-user systems such as Wang VS or the many UNIX systems. A suitable PC can be bought for between £1,200 and £3,000, depending on quality and sophistication. Communications software has become increasingly standardised, particularly in the PC market, and packages that have all the standard features can be bought for between £50 and £200. The selection is not as wide for systems such as Wang or UNIX, and users of some systems may have to ask have a print of the document identical to that of his or her

their dealer for a quotation. Modems for use over telephone lines have dropped dramatically in price since the mid-1980s, and quite sophisticated machines which can transmit at a rate equivalent to over 1,000 characters per second can be had for less than £350. Conversion software for IBM-compatible PCs, which can convert to and from most of the commonly used word processing formats, costs between approximately £300 to £500. EDI is not perfect. As was the case when faxes were first introduced, it can be difficult to justify the expense of adding to one's office systems when the existing arrangements work reasonably well. Further, it will not prove its worth until a substantial part of the profession or one's clients or contacts use EDI also. Moreover, there is the question of security. Great care must be taken when giving dial-up access to one's computer system to ensure that malicious or simply curious 'hackers' are not allowed access to confidential information, and to prevent innocent or deliberate spreading of computer viruses. But it is worth noting that an EDI system known at LIX has gained over 100 users in the UK, including barristers chambers, major London solicitors, and the Official Referee's Court which deals with large construction cases. LIX enables its users to exchange documents such as drafts, pleadings, diagrams and so forth without the need to send hard copy by post. The fact that the UK courts

The Ob l i g a t i on to Gi ve Reasons for Administrative Decisions

(Cont'd from page 231)

term phenomenon. Indeed, in the long term, reason-giving may have the contrary effect; those who previously had no way of discovering why an unfavourable administrative decision had been made, other than by dourt challenge, may now see quite quickly that the decision is solid and legally unassailable. In any case, it is submitted that, as the source of all judicial and executive power in the State, "the People" who are also the users of administration, are entitled to know why civil servants, statutory tribunals and Ministers decide as they do about them. References 42. see the statutory provisions recited above. 43. supra fn. 28. 44. [1992] ILRM 237, 256. 45. ibid at 266 per Finlay C.J. 46. [1991] ILRM 750 at p. 757. 47. [1964] 2 QB 467 at p. 478. 48. [1983] QB 790 at 794. 49. [1991] 1 WLR 153 at p. 167. 50. [1989] IR 149 at p. 159. 51. [1989] ILRM 416 at p. 428. 52. op.cit. supra, fn. 19. 53. [1974] I.C.R. 120. This view is characterised by Richardson, op.cit. at fn. 26 as the "error approach". 54. supra at fn. 48, once again at p. 794; see also Mountview Court Properties Ltd. -v- Devlin (1970) 21 P. & C.R. 689 and Crake -v- Supplementary Benefits Commission [1982] 1 All ER 498. This is characterised by Richardson as the "no error approach". 55. [1991] 2 IR 93 at 103 per McCarthy J and 104 per O'Flaherty J. 56. [1990] 2 IR 66. 57. See O'Keefe per Finlay C.J. at pps. 17 - 19 of his judgement. 58. see e.g. S.E.C. -v- Chenery Corporation (1943) 318 U.S. 80.

" . . . it is wo r th no t i ng that an E D I system. . . has gained over 100 users in the U K . .

59. International Fishing Vessels Ltd -v- Minister for the Marine (No. 2) [1991] 2 IR 93 at 103 per McCarthy J. •

are prepared to accept documents by EDI must surely be indicative of a trend, and your Technology Committee will report to you on developments as they arise. In particular, it is hoped to invite LIX to demonstrate their product to Irish solicitors, and this should prove a most interesting illustration of the uses to which EDI might be put. •

English Agents: Agency work undertaken for Irish solicitors in both litigation and non- contentious matters - including legal aid. Fearon & Co., Solicitors, 12 The Broadway, Woking, Surrey GU21 5AU.

Tel: 03-0483-726272. Fax: 03-0483-725807.

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